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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!
Your demands are unreasonable or too high. You included threats or disparaging language in your demand letter. Your case is complex, and the other person needs more time to consider your demands. They think the issue will go away on its own, and you won't take legal action.
In a demand letter, the important facts are who are the parties involved, what is the actual incident, the injuries involved, the economic and non-economic damages, why the other party is legally responsible for the injuries and damages sustained by the plaintiff, and the damages and settlement demand.
Using an Angry Tone. Writing in an angry tone or personally attacking the other party is the worst thing you can do in a demand letter. If you let your emotions speak, you'll only invite the receiver to respond in the same tone.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
A clear statement of your complaint. This should be towards the top of your letter and should lay out exactly why you are dissatisfied. For example, if you believe the lawyer has lied to you, clearly state that you believe they have been dishonest. An easily understood statement of facts that back up your complaint.
Potential Legal Risks Demand letters that include threats of litigation, accusations of infringement, recitations of the legal requirements for infringement, and/or a refusal for the marks to co-exist may increase the risk that the trademark holder will be subject to a declaratory judgment action.