A demand letter is a formal notice often written by an attorney on behalf of a client demanding that the person or business cease or take action in effort to resolve the dispute before going to court. The purpose of a demand letter is to seek resolution and/or begin a negotiation process with the opposing party before taking formal legal action.
In order for a demand letter to be effective it has to contain clear concise supported facts, demands, and consequences for disregarding demands. The letter should not show signs of frustration, anger or have an antagonizing tone. A demand letter is potentially the tip of the iceberg. The wording in a demand letter can be used against the sender and if the dispute ends up in court, a judge will be reading the demand letter. Therefore, it is important that the sender speak with an experienced attorney about how the demand letter should be written.
If a demand letter has been received, ignoring it may not result in the sender going away. Very often, the sender does not want to go to litigation because of how expensive and stressful it can be. But by ignoring a demand letter it may leave the sender no choice but to file a lawsuit.
Here are a few reasons why a demand letter can be sent: cease and desist, neighbor dispute, Homeowners Association disputes, harassment, illegal activity, stalking, landlord/tenant issues and collection of debts. If you are interested in drafting a demand letter, we invite you to contact us.
Having a non-attorney draft a demand letter may not be the best decision. If you are thinking about sending out a demand letter or have any questions, please contact us for an experienced attorney. Let us help you come to an agreement before having to go to court. Our number is 713-572-4900.