Virginia Sample Letter for Alleged Payments Due from Defendant
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How to fill out Sample Letter For Alleged Payments Due From Defendant?
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FAQ
This is called a Demand Letter. This is a step you must take before filing a small claims court case. If you ask for the money and the other side pays you, you won't need to go to court.
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.
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.
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.
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.
Pursuant to [STATUTE / CONTRACTUAL PROVISION], you are hereby given notice that [CLIENT] intends to commence a lawsuit against you for [AMOUNT OF DAMAGES OR EQUITABLE RELIEF] due to [DESCRIBE CONDUCT OR INCIDENT THAT SERVES AS THE BASIS FOR THE LAWSUIT].
It can be considered illegal or not, depending on the situation. Threatening to sue someone with a civil lawsuit is not a problem, but it can be subjected to illegal harassment if it is meaningless. An empty threat with a lawsuit is considered illegal when the person suing does not hold anything against the person.
You're potentially threatening legal action, not threatening the person themselves. While the dispute of payment may have become personal, a demand letter is meant to encourage a desirable resolution. The use of threatening or insulting language may embolden the owner into not paying when they otherwise would have.
If you want to respond to a legal threat, you may be able to do it yourself, or you may prefer to have a lawyer write a response. Use your best judgment as to what you think is best. If the person has no valid claim against you, don't be afraid to tell them that their claim is not valid.
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.