Even if you have an attorney, writing a demand letter is a good starting point. A demand letter is written at the start of the process of taking a lawsuit to court. It presents your case in a civil action against the defendant as the plaintiff (the one who has been damaged and is suing).
The demand letter is sent to the defendant through their lawyer. It can also be sent directly to the company at a different address than its lawyer since they may not share information with each other. However, it is best sent to both places so there is no misunderstanding about what is being demanded of them.
In a demand letter, you will tell the other party how much you are demanding from them. If you are asking for money, you should state the amount you are requesting. If you are asking for something else such as changing behavior or processes, then you should state that too. Without this information, the other party cannot give you a proper response.
If you don't get a reply within 10 days, it is acceptable to file a civil suit in court.
Demand letters are frequently used as a prelude to bringing a lawsuit. They can, however, be a useful instrument for settling issues prior to coming to court. Having your attorney create a demand letter is a sensible decision since it allows the recipient to resolve the matter without facing a lawsuit.
Generally speaking, demand letters work by telling someone that if certain conditions are not met, legal action will be taken. For example, a lawyer might write a demand letter when trying to get an insurance company to pay his or her client's claim. The letter would make sure that there was no law prohibiting such payments and that the policy limits had not been reached. If the insurance company did not agree to pay, then a lawsuit would be filed.
The key to success with demand letters is knowing how to word them so that they achieve their purpose without causing additional problems for you or your client. For example, if you send a demand letter to one person about another person's account, that other person could file a complaint with the state bar association against you. This would be considered retaliation under some circumstances and could result in more serious consequences for you.
It is important to understand that demand letters are not pleas for forgiveness; rather, they are statements of intent. If you do not get a response within a reasonable amount of time, it may be necessary to file a lawsuit.
A demand letter is the layman's equivalent of a legal complaint. In it, you explain your issue and why you wish to resolve it in court. The sum for which you are suing or the precise remedies you want must also be included in the demand letter. You send this letter to the individual with whom you are at odds. If he or she does not respond within a reasonable time, you can assume that you have the go-ahead from that party to file a lawsuit.
Demand letters are used in many different types of disputes. They are common in cases where there is no specific statute covering violations like these. With a demand letter, you can put pressure on the other party to make things right. And if they don't, you can file a lawsuit against them.
As part of the process of filing a lawsuit, you will need to send several documents to the court. Included among them will be a demand letter. To prepare yourself for this task, you should know that demand letters are easy to write but difficult to read. Thus, they deserve their own label - they are formal letters demanding certain actions be taken by another person.
The person who receives the demand letter should call you within 30 days of receiving it, either personally or through an attorney, to set up a meeting to discuss the matter further. If this doesn't happen, then you should assume that you have the go-ahead from that party to file a lawsuit.