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Oct 18, 2016 · The first option, ignoring the letter, is one that every person should avoid. In family law it is especially important to think a few steps ahead. Ignoring the letter forces the opposing party’s lawyer to do one thing – recommend that his or her client proceed to Court. Often times a lawyer may write a follow-up letter to remind the client ...
- Demand Letter Information
- Conclusion
- Video Transcript
1. A demand letter shows the other party you’re serious.
Let’s say your business is engaged in a dispute with another company. You’ve made phone calls and sent e-mails. Angry words are exchanged. The other company may think you’re not going to pursue the issue legally. A demand letter makes the possibility of a lawsuit “real” for the other company. Perhaps for the first time, the other party will have to weigh the possible consequences of not complying with the demand.
2. A demand letter is generally seen by the court as a sign of good faith.
The letter shows that the party sending it wants to resolve the issue and isn’t wasting valuable judicial resources. Courts like to see that efforts have been made to settle disputes. Sending a demand letter by certified mail (with return receipt requested) and by regular mail provides proof that you made the effort. In some cases, sending a demand letter is required before going to court.
3. The information in a demand letter may be used against you.
If you do wind up in court, a judge will read the demand letter. Being insulting or threatening can hurt your case. So can demanding an unreasonable amount of money. The wording of a demand letter is important. Certain issues fall under the Fair Debt Collections Practices Act, or other federal and state laws. You want to ensure any demands made are in compliance with all applicable laws. You also want to ensure the wording of the letter does not result in a waiver of your rights.
As you can see, demand letters can be an efficient option for settling disputes. They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.
What is a demand letter? And what should you know if you receive a demand letter or you’re thinking about sending one? These are the questions I’ll be addressing today. I’m Aaron Hall, an attorney representing business owners in Minneapolis, Minnesota. You can learn more about me at aaronhall.com. And please see the description below for a importan...
Jul 9, 2024 · Possible Responses to a Legal Demand Letter. 1. Comply with the Demands. If the claims are valid and you agree with the demands, complying promptly can resolve the issue without further legal action. Ensure that you obtain written confirmation from the sender that the matter is resolved upon compliance. 2.
Score: 4.5/5 (51 votes) It's always best to have an attorney respond, on your behalf, to a “lawyer letter,” or a phone call from a lawyer. If that's not an option for you, though, make sure that you send a typed, written response to the attorney (by e-mail or mail), and keep a copy for yourself.
You shouldn’t respond to a demand letter on your own because you can unintentionally increase your exposure to liability and legal action against you. Although the demand letter you received isn’t a legal document, it and any response you send back may be admitted as evidence in a future lawsuit. Most people are not trained to write in a ...
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That's your job. Not clear on what the case is about, but assuming you’ve done all the work up necessary up to filing suit, if you sent a demand letter with a clear deadline to respond and they didn’t respond, then that means they are rejecting your demand and making no counters. The only thing left to do is file suit.
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Sep 3, 2023 · To encourage a response, you may want to consider sending a follow-up letter via certified mail, which creates a record of their receipt of your communication. If the issue persists, filing a suit might become necessary to show that you are serious about pursuing your claim, but remember that this step should generally be considered a last resort after exhausting other avenues for resolution.
