Subject: Important Notice — Pending Litigation Regarding Service Agreement in New York [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Company Name] [Company Address] [City, State, ZIP] Dear [Recipient's Name], I hope this letter finds you well. I am writing to you today regarding a matter of great importance — the pending litigation involving our service agreement in the state of New York. It is crucial that you thoroughly understand the gravity of this situation and take appropriate actions to protect the interests of your company. As you may recall, on [Date], our respective parties entered into a service agreement for [Brief Description of Services]. The agreement was executed in accordance with all applicable laws and regulations governing contractual obligations in the state of New York. Unfortunately, it has come to my attention that certain breaches of this agreement have occurred on the part of [Recipient's Company]. The specifics of these breaches include [Detailed Description of Breaches], substantially impacting the overall performance and deliverables as defined within the service agreement. Despite our repeated attempts to resolve these issues through amicable discussions and negotiations, it has become evident that reaching a mutually satisfactory resolution is now unlikely. Consequently, we have been left with no choice but to initiate legal proceedings. We are currently in the process of preparing the necessary documents to file a lawsuit against [Recipient's Company] for the aforementioned breaches of our service agreement. The objective of this legal action is to seek appropriate remedies and receive fair compensation for the damages incurred. This litigation will proceed in accordance with the laws and regulations of the state of New York. It is imperative that [Recipient's Company] takes immediate action to commence internal investigations and put together a comprehensive defense strategy. We strongly advise you to consult with legal professionals well-versed in contract law and litigation within New York to ensure that your rights are adequately protected throughout this process. Please note that we remain open to an alternative solution that avoids the need for litigation. If [Recipient's Company] is willing to engage in good faith settlement discussions, we would be more than willing to explore such possibilities. It is in our mutual interest to find a resolution that is fair, equitable, and conducive to future business relationships. To facilitate further communications and ensure transparency, we kindly request that you acknowledge the receipt of this letter within [specified time frame]. Failure to respond within the given period may lead to the commencement of litigation without any further notice. We deeply regret having to take this course of action, as we had initially hoped for a more satisfactory outcome. Nonetheless, we firmly believe in the importance of upholding contractual commitments and protecting the rights of all parties involved. Should you have any questions or concerns, kindly contact me via the above-mentioned contact details. We look forward to your prompt response and hope that we can find a resolution that avoids the need for protracted litigation. Yours sincerely, [Your Name]
New York Sample Letter for Pending Litigation Involving a Service Agreement
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FAQ
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.
How to Write Step 1: Include Party Information. Contract demand letters should include the parties' names, addresses, phone numbers, and other relevant details. ... Step 2: Add Details About the Breach. ... Step 3: List Potential Cures. ... Step 4: Warn of Potential Remedies. ... Step 5: Sign the Letter.
You must draft the demand letter with as little emotion as possible. And-- stick to the facts. Keep a detailed record and copies of all your communications with the other person or company. Write down the date, time, name of the person you spoke to, and the nature of all your conversations about the problem.
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.
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.
State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
In the demand letter, you want to explain exactly how the other party breached the contract. Reviewing your contract or agreement beforehand will make your argument more persuasive and coherent. Did the other person do what they were supposed to do under the contract?
This notice is generally given in the form of a letter that contains several key points: An explanation of the failure to perform. Why you believe there has been a breach of contract. Statement of the next steps that should be taken, which may include a fix for the problem or indicate a desire to end the contract.