A demand letter from an attorney is a legal document that claims for restitution of some performance depending on the client’s breach of contract. This letter is issued by an attorney to have something paid, returned, or requested for action. Before filing a lawsuit, the demand letter is a precursor. However, it is a better way of resolving a dispute.
Table of Contents
What to include in a demand letter from an attorney?
Below are some important components that should be included in the letter;
Provide a detailed description of the demand:
In the letter, you have to provide the details of the exact demands. Give the details that will be important when the situation required litigation. The courts have to review the language used and the clarity of guidelines from the defendant.
Include the facts
The agreement that you made with the other party, the letter should be factual with reference to it. Providing detailed facts is important. This is because you may want to file a lawsuit and this letter can serve as the reference documents that will be used by the judge. Moreover, you can make the demand letter formal by attaching any supporting documents like receipts or any other important document.
Ask what you want
If you want to be compensated then there is no need to beat around the bush, but state the category and the amount. The other party may negotiate it if possible.
Options from the receiving party
The letter must provide options on how the defendant can comply with the attorney’s requirements. This involves the timeframe in which the accepting party can meet the demands.
The demand letter should be sent via certified mail
In this step, the time and the date that the letter was accepted is recorded. It contains the signature of the receiving party. Furthermore, for serious matters, a courier service can be used.
Set the dateline
The letter should provide a specified dateline that is normally a period of 7 days. A precautionary note is included here that failure to comply within the stipulated time may attract legal remedies.
Follow the actions
When the letter is delivered, the attorney will negotiate with the recipient if the contact was made. On the other hand, if the contact was not made, the attorney may not stick to the terms of the letter. Thus, in such circumstances, the attorney has to seek legal alternatives from the court.
Why should you send a demand letter from an attorney?
Here are the reasons that why you should send the demand letter;
- The demand letter protects you from attending court summons. This is because you have a legal firm letterhead that indicates you are working hand-to-hand with the attorney straight from the starting. If the notice is ignored, the letter indicates that you are ready to take legal action.
- The attorney makes sure that the letter is written professionally so that it is admissible in court.
- On the basis of proof and the agreements that were made with the other party, your attorney will make sure the facts are clearly outlined. This enables you to identify your position of the case based on evidence and law. If the need arises, this sets you in a prepared position for you to litigate.
- A clear and well-written demand letter enhances the chances of settlement. Since you will be in better representation in the court courtesy of your attorney, this provides the letter legal purpose.
- You can have a smooth collection from clients with unsettled accounts if your letter was written by an attorney.
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Conclusion:
In conclusion, a demand letter from an attorney is a legal letter that indicates you are informing the debtor of your grievances. The letter is usually written when you demand claim to your payment following legal action. Attorney contacts and the items that have been demanded are included in this letter.