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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.
- 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...
Sep 3, 2023 · A: It's not uncommon for demand letters to be ignored or for the defense to delay a response, especially if they believe the sender may not follow through with legal action. 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.
Generally speaking, you should not ignore a lawyer's letter as doing so may result in the party instructing the lawyer, to commence legal proceedings against you. ... If you have received a letter of demand, you may wish to contact our lawyers to discuss the demands that are being made against you.
Feb 13, 2013 · My colleagues here are right - the common tactic is to ignore the demand letter and make you prove your allegations and there is a chance that you won't win at trial. The other possibility is that that an insurance company is involved and your demand was either higher then what they think the case is worth or they don't think you have a valid ...
- There are many possibilities depending on whether it is an insurance company who will defer to their insurance defense attorney (with a sophisticat...
- Very common occurrence. Have your lawyer send another certified after a reasonable a,out of time.
- I agree - not uncommon. You need to talk with your attorney about how best to proceed, since you have not heard from the other party and their atto...
- Unfortunately this is very common. Often times, Defendants will ignore a demand letter until a lawsuit has been filed and they have been served. If...
- The majority of lawyers haven't stepped foot in a courtroom, and I hope your attorney has trial experience, or you would want to retain a lawyer wi...
It is also possible to simply ignore a formal notice. Not responding is part of your rights, and it will be up to the complainant to take legal action or send a second demand letter if he or she wishes.
People also ask
Should a lawyer ignore a follow-up letter?
What happens if a lawyer ignores a letter?
Should you ignore a family law letter?
What happens if a defendant ignores a demand letter?
Do I need a demand letter before going to court?
What if a complainant doesn't respond to a demand letter?
If they ignore your demand letter, you file a lawsuit. Preparing a complaint is often no more time consuming than preparing a demand letter. If it's not going to be cost effective for you and your client to take the case to trial, don't take the case in the first place.
