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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.
As a general rule, if it’s an important matter you should take a demand letter to a lawyer to discuss how, and if, to respond. As a rule of thumb, if a demand letter isn’t worth taking to a lawyer than it’s usually not worth suing over, and your best option could well be to ignore it.
Jun 30, 2015 · First of all, a cease and desist letter is not a "legal document." It's just a letter that someone sends you to tell you what not to do. It doesn't carry the force of law. If I sent you a cease and desist letter to tell you to stop posting questions on AVVO, you could simply ignore me.
- You can not force them to reveal the identity of the "credible source" with or without counsel. You can have an attorney respond to the letter to d...
- What "legal document" are you talking about? It appears nothing has been filed in court, and there are no legal pleadings. I would suggest that yo...
- Best bet is to make sure you don't say anything so you nip this at the bud.
- The letter is simply a warning that they would "really" like you to stop activity concerned. No legal impact but certainly puts one on notice. If y...
- 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...
What happens if you ignore the demand letter you received? In some cases, nothing may happen! Remember that a demand letter is only a reproach from a disgruntled creditor. Whether he is right or wrong does not change the fact that for the moment, you are not guilty of anything.
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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.
