Do You Need A Lawyer Written Demand Letter?
Fixed Cost Demand Letters Written By Alan Sackrin, a Board Certified Civil Trial Expert
A demand letter is a common form of communication between parties with a dispute. It is a letter that outlines the facts, the applicable law, and it sets forth the amount of money demanded to settle the matter without court intervention.
When done correctly, a demand letter can lead to an amicable pre-litigation resolution and help avoid further expenses, including attorneys’ fees.
Creating a Demand Letter
When gathering information to include in a demand letter, your attorney will ask thorough questions to ensure every fact provided in the letter is true rather than speculation or puffery.
The tone of a demand letter will depend on many factors, which should be decided on a case-by-case basis. However, a typical demand letter is firm and respectful as opposed to aggressive and condescending. The chances of the other party complying are greatly increased when they don’t feel as though they are being attacked.
When to Use a Demand Letter
Demand letters can be utilized in a variety of disputes. Most often they are used when one party has tried everything he or she can think of to resolve a dispute and the only remaining option is to commence litigation.
A demand letter essentially provides a sense of urgency and requires a party to act quickly in an effort to avoid litigation.
READ: HOW LONG DOES AN INSURANCE COMPANY HAVE TO RESPOND TO A DEMAND LETTER?
Types of Demand Letters
Demand letters may be used in a variety of instances. The most common types of demand letters include:
- Breach of Contract
- Unpaid Wages
- Cease and Desist
- Collection Efforts
- Landlord/Tenant Issues
- Libel and Slander
- Return of property
- End illegal activity or annoyances
- Insurance Settlement
- Quiet enjoyment
- Wrongful Termination
- Personal Injury
- Enforcement of A Non-Compete Agreement
READ: FLORIDA CONTRACT DISPUTES
Demand Letter vs Due Process Notification
A demand letter is different from a due process notification. A due process notification provides the other party with notification of the debt and an opportunity to dispute the debt or the proposed collection actions. While demand letters and due process notices serve different purposes, a demand letter may include a due process notification.
What is a Preservation Letter?
A preservation letter alerts the other party or a non-party that it must preserve information relevant to a dispute, including all electronically stored information. A preservation letter minimizes the risk of the recipient destroying pertinent information. It also may increase the likelihood that the recipient will be sanctioned if it destroys pertinent information after receiving the letter.
Get a Flat-Fee Demand Letter For $1,500.00
If you’ve been harmed but don’t want to risk writing your own demand letter, reach out to us to get an experienced attorney to write a demand letter on your behalf. We will write and mail your demand letter by U.S. mail for a flat fee of $1,500.00.
While many people choose to write their own demand letters, the risks of doing so far outweigh the benefits. Having an experienced attorney prepare a comprehensive demand letter comes across as professional and authoritative, which means it has a higher probability of success.
Please note, if you’re interested in any other services related to your demand letter, (i.e. mediation, arbitration or litigation) we are happy to provide those services for an additional fee and/or cost.
Do You Have a Question?
If you have questions about demand letters, please feel free to contact Alan Sackrin or Larry Tolchinsky to find out how he can help you. You can contact him by phone at 954-458-8655 or by filling out our “Talk With Us” form. We promise to get back to you promptly and help answer any of your questions.
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