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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.
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.
Litigious is the adjective form of litigation, the act of suing someone in court.
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.
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.
Under these conditions, threatening to sue or press criminal charges is illegal if the intent is to harass, annoy, alarm, abuse, torment, or embarrass someone else. Charges for blackmail and extortion can also be filed if one's behavior meets the requirements for those crimes.
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.
Once you file your lawsuit, you must formally let the defendant know you're suing them. You do this by having someone deliver a copy of the filed forms to them. This is called service.