Imagine a scenario Mr. X is a business man where he has a certain contractual dispute with Y Enterprise and Y Enterprise hired Z & co issue a Notice of Demand to Mr. X.
Another scenario is that Y Enterprise hired Z & co and Z & co serve Mr. X with writ of summons endorsed with statement of claim.
Question: What is the difference between Notice of Demand and Writ of
Summons?
A Notice of Demand is a Letter wrote by the Firm on behalf of their client to warn the other individual that a debt is owing or they are liable of something and ask them to pay the debt or rectify the issue. If the individual ignores/fail/neglect to follow the instruction of the Notice of Demand. The law firm might consider in initiate legal proceeding against that individual upon the client’s instruction.
A Writ of Summons on the other hand is where the Legal Proceeding has already initiate against the individual. Therefore, if the individual ignores the Writ of Summons then a Judgment in Default of Appearance may be entered against the individual and the Judgment in Default is good as a judgment and the Plaintiff (Suing party) may enforce the judgment against the Defendant (the parties who being sued). Therefore, if you are served with a Writ of Summons it is advisable for you to consult a lawyer.
