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Essentially, a demand letter sets out why the payment or action is being claimed, how it should be carried out (e.g. payment in full, payment over time), and directions for the reply and a deadline for the reply.
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].
The sections of a legal business letter are: Sender's address (if not included in the letterhead) Date of correspondence. Recipient's address. Caption (RE: Topic of the correspondence) Salutation. Introduction. Body of letter (Limited to two or three points, each in its own paragraph) Closing.
Here is a list of the elements of a good threat letter: Be calm and professional. ... State clearly what relief you want. ... Specify what you will do next if the letter's recipient doesn't solve the problem immediately (give the recipient a deadline, say ten days, in which to act). ... The Escape Clause.
How to Write a Demand Letter for Payment or Compensation The date. The other party's contact information (email, phone number, address) The legal phrase ?without prejudice? so that the contents of the demand letter can't be used against you in court. A summary of the agreement or contract and the issue. Your payment demand.
If mediation fails, and the EEOC decides not to litigate the case itself, then the EEOC will issue a right to sue letter. This gives you permission to pursue your case in court on your own. In some cases, an employment attorney can demand a right to sue letter right after filing the charge with the EEOC.
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 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.