For example, Californians wishing to file a claim against a business for deceptive practices or some other infraction outlined in the state's Consumer Legal Remedies Act (CLRA) must send a demand letter at least 30 days before filing a lawsuit.
Here are the four potential effects you can expect from sending a demand letter. IT WILL PUSH THE OPPOSITE PART TO ADJUST. THE OPPOSITE PARTY WILL MAKE A COUNTERBID. THE OBLIGATION TO ATTEMPT TO SETTLE OUT OF COURT. THE OPPOSITE PARTY MAY COMPLETELY DENY THE FAULT REPRESENTED.
"I am writing to formally demand the immediate return of the following personal property: List the items. These items belong to me, and I expect their prompt return." Specify a reasonable deadline by which you expect the property to be returned. Clearly state the date and time.
While it's technically possible to write a demand letter yourself, there are significant advantages to seeking the guidance of a legal professional. Here's why. Professional expertise. An attorney specialized in personal injury law understands the nuances of relevant statutes, case law, and procedural requirements.
No Strict Legal Requirement on the Number of Demand Letters: Many attorneys will recommend sending at least one formal demand letter. Often, a single well-crafted demand suffices to either prompt a settlement discussion or clarify that litigation may ensue should the other party fail to comply.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
This is also known as the "small claims court limits." In Alameda County Small Claims you can sue for the following maximum amounts: An individual or sole proprietor can sue for $12,500 or less. A corporation or LLC can sue for $6,250 or less.
In many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.