Letter · Debt Recovery & Civil Enforcement

Demand on a guarantor under a personal guarantee (letter)

Letter making formal demand on a guarantor after the principal debtor defaults: identifies the guarantee, the default and the amount, meets the guarantee's own demand conditions and stays inside the ACCC and ASIC debt collection guideline.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 3 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when a trade or finance customer has defaulted and a director or other person has guaranteed the debt, and the guarantee requires (or it is prudent to make) a written demand before suing the guarantor. Read the guarantee first: its demand, notice and limitation clauses decide what this letter must say and how it is served.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may fill the letter from the guarantee, the account and the default history; a lawyer checks the guarantee's demand conditions, the amount, any liability cap and the tone before it is sent.

AI may

  • Extract the parties, date, guaranteed obligations, demand clause, notice clause and any liability cap from the signed guarantee
  • Populate the schedule of unpaid invoices from the ledger and total it, with a separate interest line
  • Flag any guarantor who has said they are represented, have disputed liability or are in financial difficulty, so the letter is held

AI must not

  • Must not state an amount above any cap or outside the obligations the guarantee actually covers
  • Must not threaten bankruptcy, legal proceedings, credit listing or contact with family or employers unless the client has instructed that step and it is lawfully available
  • Must not send the letter, or any follow-up, direct to a guarantor who is known to be legally represented

The lawyer checks

  • The guarantee is signed, dated and covers this debt, and any precondition (demand on the principal, notice period, method and address for notices) has been met
  • The amount demanded reconciles to the ledger and the guarantee: principal, interest rate source, costs only if the guarantee allows them, and any cap applied
  • Whether the guaranteed contract is a regulated consumer credit contract, which brings in National Credit Code guarantor protections
  • Whether the principal debtor is under external administration or bankrupt, and that the letter says nothing inconsistent with that process

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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