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- 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’s spouse of the importance of responding, but very rarely would a lawyer waste his or her client’s money on writing more than two letters or reminders.
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- 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...
Jan 12, 2017 · Unsuccessful parties often fail to live up to the terms of the order against them. Worse, some choose to ignore the court’s order. This can be a source of great frustration for successful parties.
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Jul 9, 2024 · 1. What should I do if I receive a legal demand letter? Remain calm, review the letter carefully, gather relevant documents, consult with a lawyer, and respond within the specified deadline. 2. Can I ignore a legal demand letter? No, ignoring a legal demand letter can escalate the situation and lead to a lawsuit or other legal actions.
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.
Consequences of ignoring an order following a family law dispute. For most people, a court order or judge’s decision marks some sort of conclusion in a legal conflict. For others, it can be the beginning of a new set of worries, this time related to the other party’s compliance with the order.
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It can be tempting to ignore a demand letter, especially if you think the claim is frivolous or for such a low value that you figure they’ll never go all the way to court. But recognize they still could file a claim.
