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- Respond and try to resolve the issue or you run the risk of going to court. And courts may not look favorably on those who simply ignore demand letters. This doesn’t mean you have to give into all demands. You can make an affirmative defense, counterclaim, or try to settle the issue for less than the amount demanded.
aaronhall.com/five-things-you-should-know-about-demand-letters/
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.
- 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...
May 16, 2022 · Whether out of denial or ignorance, disregarding a demand letter will complicate the situation and hurt your defense to those claims later if it ends up in litigation. Learn what they are, how they’re used, and why ignoring a civil demand letter is never a good idea.
May 23, 2024 · Ignoring a demand letter can lead to many serious problems, like further legal trouble, additional costs, and harm to your reputation. It’s always better to address a demand letter rather than pretend it doesn’t exist. Let’s explore the consequences of ignoring a demand letter and what to do instead. You can face legal trouble.
- Breathe. No, really: take a few deep breaths. Receiving a demand letter can make you feel anxious, defensive, and angry. But the first thing you should do is to allow for some time to pass between these initial emotions and deciding how to move forward with the letter.
- Read the Letter Carefully. Reading the demand letter seems like an obvious next step, but it is crucial to actually read the letter instead of skimming it.
- Consider Your Options. Before you take any actions in response to the letter, sit down and carefully consider your options when it comes to ending the dispute.
- Consider the Costs. Before responding (or not responding!) to the demand letter, carefully weigh the costs associated with each option. For example, if your neighbor requests that you pay $1000 to repair damaged property worth $800, that could be understandably frustrating.
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.
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Oct 18, 2016 · 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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