Legal Demand Letters

Sometimes saying “talk to my lawyer” is warranted. If you have experienced an issue with a client, a business you collaborate with, or some other party, you may be considering pursing legal action. Before so however, you may want to hire a lawyer to write a legal demand letter. So, what is a legal demand letter?

It is a formal document (can be both emailed and mailed) that gives notice that should the problem not be resolved, the client wants to pursue legal action.

There are a variety of legal demand letters: breach of contract, cease and desist letters, letter about a bounced check or incomplete payment/debt/collections letters, etc. etc.

Components: The letter should introduce the attorney and why the party is being contacted (who is the client the lawyer is writing the letter on behalf of, etc.). Then it should describe the facts at hand. For example, the relationship of the parties and how the issue arose. Why the issue couldn’t be resolved, etc. After this, the person receiving the letter should be reminded of the contract they signed that may be breaching, any laws they may be violating, and any communication that may have broken down. A demand and reality testing should follow. (Ie. Should you not pay the amount owed by (date), my client will be pursuing legal action). Depending on need exhibits/attachments may be added (ie. receipts, contracts, evidence of why the client who the letter is being written for is in the right not the wrong).

Writing and sending legal demand letters is cheaper than going to court. They also sometimes give the parties the necessary reality check to move forward to a resolve. More so, since both parties don’t want to go to court, the person receiving the letter will usually try to at least communicate about resolve more than they did prior to receiving the letter. Legal demand letters can also lead to pre-court negotiating that is more creative (ie. a payment plan, an apology, etc).

If you need a legal demand letter feel free to reach out to our firm to discuss what letter (and what tone) would be best.

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