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The purpose of a demand letter is to begin the negotiation process that will hopefully result in dispute resolution to avoid filing a claim in court if it is possible to resolve the issue without litigation.
Here are five points to keep in mind when drafting a pre-litigation demand letter: Clearly state the nature of your demand. ... Stick to the facts and avoid inflammatory language. ... Consider the applicable ethical constraints. ... Follow the requirements of any applicable contracts or statutes.
An attorney letter of representation usually contains the following: your attorney's name and contact information (or the name of the law office/law firm representing you), the reason for legal representation (for example, personal injury, malpractice, divorce), a brief summary of the facts of your case,
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.
How Powerful is a Demand Letter? While a demand letter isn't legally enforceable or binding, it can still be a powerful way to put a party on notice of pending legal action and ensure that the offending party takes the claims seriously. Demand letters are sent before a lawsuit is initiated.
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!
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.
The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged ingly.