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What Is an Evidence Preservation Letter? A preservation letter, also known as a preservation demand or preservation notice, is written communication sent by a would-be plaintiff's legal team to the defendant requesting that any evidence he or she may have that is pertinent to the case be preserved.
Dear Mr. Don Johnson, This letter of intent to sue shall serve as a formal notice that Albert Smith intends to commence a lawsuit against you due to the following: Unauthorized removal of hedges and fencing located at the rear of his home at 123 Ave., Capital City.
An intent to sue letter should have the addresses of both parties, a detailed description of the dispute, the settlement demand (e.g., payment amount, cease and desist, repair damages, etc.), the sender's contact information, and the deadline for the proposed settlement.
Be polite. Don't personally attack your adversary, even if you believe it's deserved, because it invites the other side to respond similarly. Calm people are more believable because it demonstrates their confidence in their position, including when presenting an argument in court.
A letter of intent to sue is used to notify an individual or business that legal action may be taken against them if the demands included in the letter are not met. By sending an intent to sue letter, you may be able to resolve the dispute without having to initiate a costly lawsuit.
Put Your Client's Hold Notice in Writing, and Be Specific: A good Litigation Hold Notice should clearly identify the reason for the hold, should prohibit the destruction of relevant documents, and should identify what sort of information is considered relevant.
A covenant not to sue is a legal agreement in which the party seeking damages agrees not to sue the party that it has cause against. Covenants not to sue are used to settle specific legal issues outside of the court system.
Preservation Letter Sample for Auto Case Dear DEFENDANT: This firm represents CLIENT, the driver of the car you crashed into during the Collision. You are hereby advised of your legal obligation to preserve, maintain, prevent spoliation of, and not destroy any evidence which relates to the Collision.