If the debt is not paid as scheduled, a reminder is required. How to write a reminder notice? Below is a sample reminder letter format that I will share with you. I hope it will be helpful to you!

Format of reminder notice

You can use a fixed format form or write a memo. No matter which form is used, it should generally include The following four contents:

1. The title and number title should be concise, usually written as "dunning notice", "collection, cleanup contact sheet", etc. If you are collecting urgent money, you can add the word "urgent" before the title. Please indicate the number under the title to facilitate inquiry and contact.

2. The names and account numbers of both parties’ units must be correctly written with the full names and account numbers of the collection unit and the unit in the preceding paragraph. If necessary, you should also write down the address, phone number and name of the person in charge of the collection unit. If a bank collects the payment on your behalf, the full name and account number of the bank where both parties have their accounts must also be stated.

3. The content of Cui Shou should specifically and accurately state the reason for the exchange between the two parties, the date, the invoice number, the amount owed or the quantity and amount of the goods, as well as the situation of payment and goods arrears.

4. Handling opinions: Generally, we will determine a payment period and hope that the other party will deliver as soon as possible. At the same time, you can also tell the other party the measures that will be taken if the loan is overdue again, such as stopping the loan or charging overdue penalties.

In short, the content of the reminder letter must be written clearly and specifically; the handling opinions must not only serve as a reminder but also comply with financial policies. The date, amount, and account number written in the text must be accurate.

Attachment: Dunning Notice

Factory Finance Department:

Your unit placed an order with our factory on the year, month, and date. The payment amount is in yuan and the invoice number. Because, the payment for the goods has not yet been paid to our factory, which has affected our factory's capital turnover. After receiving this notice, please settle the account immediately. If the payment is overdue, a ?% penalty will be charged according to bank regulations. If there are special circumstances, please contact our factory's finance department in time. Our factory address:, phone number:.

(Seal)

Year? Month? Day

Analysis of different situations in which the law applies to reminder notices in loan guarantee contracts

Case 1. On June 12, 1997, Bank A signed a guaranteed loan contract with Factory B and Company C, stipulating that Factory B would borrow 120,000 yuan from Bank A. The purpose of the loan would be to purchase materials. The loan period would start from June 1997. From June 17 to June 17, 1998, Company C provided a joint liability guarantee. The guarantee period was from June 18, 1998 to June 17, 2000. The scope of the guarantee included the main claim, interest, liquidated damages, and the realization of the creditor's claim. After the expiration of the term, Factory B has not paid any principal and interest on the loan. On June 28, 2002, Bank A issued overdue loan reminder notices to Factory B and Company C respectively. The record stated: According to the loan guarantee contract No. XX, the loan has expired. As of today, *** owes RMB 150,000 in principal and interest on the loan. Yuan, please ask your unit to immediately raise funds to repay, otherwise compulsory collection measures will be taken in accordance with the law? Factory B and Company C will sign and stamp the recipient respectively.

Case 2. The case details are the same as Case 1. Factory B signed and sealed the address of the recipient, and Company C signed and sealed the guarantor.

In the above case, because Factory B and Company C failed to repay the principal and interest of the loan, Bank A had no choice but to file a lawsuit in court at the end of December 2003.

Comments: The loan guarantee contracts in the two cases are legal and valid, and Company C bears joint and several guaranteed debts for the principal and interest of the loans. According to paragraph 2 of Article 26 of the Guarantee Law of the People's Republic of China, if the creditor does not require the guarantor to bear guarantee liability during the guarantee period agreed in the contract and the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from guarantee liability. In this case, the bank did not assert its rights against the guarantor within the guarantee period, and the guarantor had the right to defend against immunity. The guarantee liability period is the period during which the creditor (in the case of a general guarantee) or the guarantor (in the case of a joint and several guarantee) claims rights according to the agreement of the parties or the legal provisions. It is a kind of exclusion period. The so-called exclusion period refers to the period during which a certain right exists predetermined by law. When the period expires, the substantive right will disappear. The guarantee liability period is a time limit for the creditor to exercise its rights. If the creditor does not claim its rights within the guarantee liability period, the creditor's substantive right to require the guarantor to bear guarantee liability will be extinguished and the guarantor will be exempted from liability. The warranty period and the statute of limitations are two different legal systems. The statute of limitations generally applies to the right to claim. After the statute of limitations, if the creditor does not claim its rights, the party loses the right to win the lawsuit, and its substantive rights still exist. However, this substantive right has become a natural right and is no longer protected by law. Therefore, in both cases, Bank A issued a reminder notice to the guarantor Company C after it was exempted from liability. Although Company C signed and stamped the notice, Company C's identity on the notice was different, which determined Company C's different meanings. represents, different legal acts and different forms of liability.

In Case 1, the content of the reminder notice was only a reminder for repayment, and Company C stamped it as the recipient. The act of sealing can obviously prove that Company C has received the reminder. However, can it prove that Company C has reconfirmed the guarantor's debt?

The author believes that the establishment of a guarantee must be limited to the clear expression of intention of the parties. The laws of various countries around the world have requirements for the requirements to ensure the establishment of a relationship, but the specific legislative provisions vary from country to country. According to Article 2015 of the French Civil Code, guarantees should be expressed expressly, and it is strictly prohibited to use implied forms when the contract is established, and it is stipulated that there should be no presumption in the establishment of a guarantee contract. The Civil Code of the former Soviet Union, in addition to not allowing the establishment of an implicit presumption of a guarantee relationship, also does not allow the establishment of a guarantee relationship in the form of an oral expression. It is clear that the guarantee contract must be signed in writing. If the formal requirements of writing are not followed, the guarantee contract will be invalid. Article 13 of my country's Guarantee Law stipulates that the guarantor and the creditor shall enter into a guarantee contract in writing. The reason for this provision of the law is obviously that the guarantee contract is a contract that cannot be settled immediately, and its duration is often longer, and the amount of the creditor-debt relationship that establishes the guarantee contract is usually large, or it is other important to the parties. Meaning, in order to strengthen the evidentiary power that the guarantee contract has been established and the contents of the guarantee are clarified, it should be concluded in writing. Article 15 of the "Guarantee Law" also stipulates: The guarantee contract shall include the following contents: (1) The type and amount of the guaranteed principal claim (2) The time limit for the debtor to perform the debt (3) The guarantee method (4) The scope of the guarantee (5) The period of guarantee (6) Other matters that both parties deem necessary to agree upon. ? Although the above-mentioned provisions of my country's "Guarantee Law" do not expressly allow for tacit consent and whether the establishment of a guarantee contract can be confirmed through presumption, its legislative spirit should be said to be consistent with the French Civil Code and the Civil Code of the former Soviet Union. That is to say, there must be a clear expression of intention by the parties, and the contents of the negotiations between the parties must be recorded in writing. This excludes the use of tacit presumption to confirm the establishment of the guarantee contract. There is no definition of the method in which the written guarantee contract should be adopted.

In trial practice, it is generally believed that a guarantee contract can be established based on the following methods: ① Signing a written guarantee contract means that the guarantor and the creditor reach a written agreement on the main terms of the guarantee contract in accordance with the written form, and the guarantee contract is established. ② Issue a letter of guarantee separately: that is, the guarantor expresses to the creditor in a written letter, fax, etc. that when the guaranteed party fails to perform the debt, it will perform the performance or bear the liability for damages on its behalf. If the creditor accepts it, the guarantee contract is established. ③ There is a guarantee clause in the main contract or the guarantor’s signature and seal is in the guarantor column, that is, the guarantor signs or seals as the guarantor on the main contract with guarantee clauses signed by the creditor and the guaranteed party to guarantee the establishment of the contract; or If there is no guarantee clause in the contract, the guarantor's signature or seal on the contract in the guarantor column of the main contract, or as a guarantor, is also deemed to guarantee the establishment of the contract. Guarantee liability is a strict civil liability and must be established with the clear intention of the guarantor. Therefore, as a guarantor who has been exempted from liability, if he is required to assume the guarantee responsibility again, it must be based on his clear intention to provide guarantee for the creditor's rights again. If the notice clearly states that if he agrees to continue to assume the guarantee responsibility for the loan, it must be stamped and confirmed. ?Or the creditor reaches a debt repayment agreement with the exempted guarantor. It is highly controversial whether the seal in Case 1 should be regarded as an agreement to continue to bear the guarantee liability or simply as an indication of receipt of the reminder notice. The reminder notice itself is a letter with unclear intentions. Although Fa Interpretation (1999) No. 7 "Reply on the Legal Effect of the Borrower's Signature or Seal on the Demand Notice after the Limitation Period has expired", his signature or seal on the reminder notice shall be regarded as For the re-confirmation of the original debt, the creditor-debt relationship should be protected by law. The reaffirmation of the original debt is understood according to legal theory as the confirmation that the debtor has given up the right of defense arising from the expiration of the statute of limitations. However, the expiration of the guarantee period and the statute of limitations cause different legal consequences. After the guarantee period, the substantive rights are extinguished. When the litigation effectiveness is exceeded, the substantive rights are not extinguished. They only lose the right to win the lawsuit. Therefore, the recognition of guaranteed debts has more advantages than the recognition of ordinary debts. More stringent legal requirements. Judicial Interpretation (1999) No. 7 is not directed at the guarantor, so it cannot be applied to the guarantor by reference.