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Demand letters are valuable tools for creating records, dispute resolution, and much more. But, they can backfire and lead to liability for the sender and even its attorney for threats or demands that are legally improper. Today, well cover some of the basics of when demand letters go too far.
A demand letter is an efficient, powerful, and effective way to both get someones attention and get them to take a desired action. That they are quick and relatively affordable to create makes them the perfect way to avoid a legal action and yet still battle an adversary.
Ignoring a demand letter particularly if you dont read it at all usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.
A demand letter is a letter, usually written by an attorney on a clients behalf, outlining the dispute between the two opposing parties and demanding that the recipient of the letter take or cease a certain action.
Most people hire a lawyer to write their demand letters, but you can write it yourself. First, check the rules of the state or local courts where youre planning to sue, just to make sure that youre not required to have an attorney present the letter.

People also ask

A formal demand letter should be typed and sent on paper, rather than using email or sending a handwritten note, neither of which provide the same degree of seriousness and gravity.
A demand letters shows that the sender is serious. If a sender of a demand letter has hired an attorney, theyre clearly spending money to protect their rights and it demonstrates that theyre more serious than if theyre just emailing or calling and making the legal claims themselves.
Negotiations with the Defendant After sending a demand letter to the defendant stating why youre suing them and how much money you hope to recover, the defendant will either deny the letter, pay your desired settlement, or enter negotiations. More than likely, theyll try to negotiate with you to avoid going to court.
Ignoring a demand letter particularly if you dont read it at all usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.
A demand letters shows that the sender is serious. If a sender of a demand letter has hired an attorney, theyre clearly spending money to protect their rights and it demonstrates that theyre more serious than if theyre just emailing or calling and making the legal claims themselves.

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