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If you simply ignore the letter, the plaintiff's next step will almost certainly be to file a lawsuit. If that happens, your cost to resolve the suit?be it through a settlement, a win at trial, or a loss at trial?will rise dramatically.
A letter of demand is a demand for payment from a debtor or defendant. It is usually the first step in a legal dispute case. A letter of demand will outline the breaches of the law, foreshadow the legal action and consequences of not paying.
Address the issues raised in the demand letter: Your response should directly address the issues raised in the demand letter. Provide a detailed explanation of any relevant information or documentation that supports your position, and explain why you agree or disagree with the demands being made.
If someone owes you money or you have a dispute with a person or company, you can send a demand letter to try and resolve the issue without going to court.
Generally, a demand letter should not convey threats of consequences?or of professional discipline, in the case of a lawyer-recipient?unless a reasonable, good faith basis to believe the conduct warrants it, and a substantive purpose exists for the threat.
Clearly state the reason for writing the letter, whether it's to demand payment, action, or an insurance claim. Present the issue in detail. Describe the situation providing as much information as possible, such as the amount owed, a description of the action required, damages, etc. Attach supporting evidence.
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.
Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!