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A demand letter for payment is a request for money owed that is commonly the last notice given by the creditor. The party owed should include language that motivates the debtor to make payment. Examples include giving a discount if the debtor decides to pay or threatening to send the debt to collections.
Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!
If you simply ignore the letter, the plaintiff's next step will almost certainly be to file a lawsuit. If that happens, your cost to resolve the suit?be it through a settlement, a win at trial, or a loss at trial?will rise dramatically.
A demand letter should always be polite. Using abusive or threatening language will not work in your favor ? not only will it make the defendant less likely to want to settle your claim, it could even cause damage to your actual case.
Address the issues raised in the demand letter: Your response should directly address the issues raised in the demand letter. Provide a detailed explanation of any relevant information or documentation that supports your position, and explain why you agree or disagree with the demands being made.
Here are five points to keep in mind when drafting a pre-litigation demand letter: Clearly state the nature of your demand. ... Stick to the facts and avoid inflammatory language. ... Consider the applicable ethical constraints. ... Follow the requirements of any applicable contracts or statutes.
The purpose of a demand letter is to begin the negotiation process that will hopefully result in dispute resolution to avoid filing a claim in court if it is possible to resolve the issue without litigation.
Frequently Asked Questions (FAQ) Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.