Writing a demand letter is important because it helps the sender outline their case, show they've made an attempt to resolve the issue outside of court, and in some situations, fulfill the necessary court requirement before filing a small claims case.
Except for when a government agency is sued, there is almost always at least one year from the date of an event to start a case no matter what type of claim it is. You should have no statute of limitations worries if you file your case within this one-year period.
Even an attorney can make a mis-step where his or her demand letter amounts to extortion, but a non-lawyer is more likely to make such a mis-step, and is why you should never write a Demand Letter but, instead, have an attorney do it for you.
When drafting the letter, it`s essential to be clear, concise, and courteous, outlining the reasons for withdrawal and any obligations that still need to be fulfilled. Remember, the goal is to communicate honestly and respectfully, while maintaining the trust and credibility built during the agreement.
When writing a withdrawal letter, aim to inform the employer immediately, be clear and honest about your reasons, thank the hiring manager for their time, include your contact details, and express interest in possible future opportunities if applicable.
Dear Recipient's Name, I, Your Name, hereby authorize Recipient's Name to act on my behalf in Specify the task or action, effective from Start Date to End Date. Receiver's Name is authorized to carry out all essential tasks and make all choices related to Name the activity or action.
On Long Island, there are also dozens of town and village courts that handle small claims; use the New York court's website to locate a specific town or village court. Remember, the small claims limits in town and village courts is $3,000. While in district and city courts the small claims limit is $5,000.
How do I start my Small Claims or Commercial Small Claims case? You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses.
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.
MOTIONS/ORDERS TO SHOW CAUSE The Notice of Motion, affirmations, affidavits and exhibits must be filed as SEPARATE documents. A proposed Order To Show Cause is filed in the same manner as a Notice of Motion using document type ORDER TO SHOW CAUSE (PROPOSED) in place of the Notice of Motion.