A demand letter from an attorney is a legal letter claiming for restitution of some performance based on the client’s breach of contract. This notice is given by an attorney to have something paid, returned, or requested for action. The letter has an outline of the attorney contacts and the items that have been demanded. The demand letter is a precursor before filing a lawsuit, but it can be a better way of resolving a dispute. They can be used to demand monetary compensation or prompt action to be taken for the issue being addressed.
The following are some common demand types.
- Breach of contract – This is a demand letter to address the breach of contract and seeks action to be taken.
- Personal property – This letter address compensation of personal property as per the binding agreement.
- Collection of debt – This is a letter requesting payment of a debt. It should contain the due date, the amount, and the reason for the debt. You can also include the terms of settlement if you wish the creditor to settle less amount based on the agreement.
- Pending litigation – This is a letter that addresses pending litigation and demands for legal action.
- Injury – This is a letter that addresses injuries that occurred due to negligence and carelessness from the other part that is legible for compensation.
- Malpractice – This is a letter drafted by the attorney to address any malpractice, which is contrary to the normal procedures. For instance, it can address medical malpractice in cases of unnecessary surgery that led to further complications, which will prompt compensation due to the malpractice.
- Insurance claim – This letter sent to the insurance company with the claimant details of the incident and the date. It should also contain the terms of the settlement and the deadline.
What a Demand Letter Should Include?
If an issue can be resolved through negotiations, there is no need to go to court. That is why you might require a demand letter from your attorney explaining your side of the story, the bills you have incurred, and the settlement that you demand compensation.
Alternatively, if you intend to file a lawsuit, then mots courts require a formal demand letter that addresses your issue.
There is a need to choose words that will be documented in a demand letter. Here are some key considerations that should be followed:-
Give a detailed description of the demand
You need to give the details of the exact demands in the letter, which will be vital when the situation required litigation. Courts will need to do a review of the language used and the clarity of instructions from the defendant.
Include the facts
Your letter should be factual with reference to the agreement that you made with the other party. Giving detailed facts is essential because you might want to file a lawsuit, and the demand letter will be among the reference documents that will be used by the judge. If you have any supporting documents like receipts or any other important document, you can attach to make the demand letter formal and authentic.
Ask what you want
If you want to be compensated, let’s say with $50000 don’t beat around the bush but state category the amount. The other party might as well want to negotiate if possible.
Options from the receiving party
The letter should offer alternatives to how the defendant can comply with the attorney’s needs. This entails the duration in which the receiving party can meet the demands.
The letter should be sent through certified mail
This step is important in recording the time and the date that the letter was accepted. It bears the signature of the person who received the letter. Additionally, courier service can be used for serious matters.
Set the dateline
A formal demand letter from the attorney should give a specified dateline, which is normally a period of 7 days. It should also include a precautionary note that failure to comply within the stipulated time might attract legal remedies.
Follow the actions
The attorney will negotiate with the recipient once the letter is delivered if the contact was made. On the other hand, the attorney may not adhere to the terms of the letter if the contact was not made. In such a situation, the attorney will have to seek legal options from the court.
Reasons to Send Demand Letter from an Attorney
You will have a legal letterhead
Writing a demand letter from an attorney will save you from attending court summons because you have a legal firm letterhead that implies you are working hand to hand with the attorney straight from the beginning. This also implies that you are ready to take legal action if the notice is ignored.
The attorney will ensure the letter is worded professionally
The demand letter is an official indication that you are informing the debtor of your grievances, and you demand a claim to your payment following legal action. Therefore, your attorney will ensure that the letter is worded appropriately to ensure it is admissible in court.
It helps in organizing your case
Your attorney will ensure the facts are clearly outlined based on the evidence and the agreements that were made with the other party. Doing so will help you to determine your position of the case based on evidence and law. This sets you in a prepared position for you to litigate if the need arises.
It promotes case settlement
Having a clear and precise demand letter from your attorney, which increases the chances of settlement. This gives the letter legal purpose because you will be in better representation in the court courtesy of your attorney. Therefore, the recipient will have to comply with the terms of settlement or avail for negotiations to prevent a lawsuit.
Planning for collection
The demand letter is among the particulars that will be examined when suing for the payments. Therefore, if your letter was written by an attorney, you can have a smooth collection from clients with unsettled accounts.
Sample Demand Letters (by Types)
Sample NDA Violation Demand Letter
Breach of contract demand letter sample
Trez, Kent and long, LLP
San Francisco, CA 87654
December 19 20XX
278 Washington st,
Kansas City, CA, 54105.
RE: Breach of a Non-Disclosure agreement
Dear MR. Courtney
This letter is following the violation of non –disclosure agreement that you made with my client, JabbShare.Inc.
On May 5, 20XX, you entered into a Non-disclosure agreement with my client, and the condition was to keep confidentiality. Therefore, section V of the agreement states that the harmed party is entitled to legal protection.
Concerning this, we noticed that the agreement was violated because there was a discussion with the third party on confidential documents, which Led to piracy that benefitted the third party.
My client has requested clarification on this before May 20, 20XX. If we don’t receive any response by then, we have a right to pursue legal remedies
If there are questions based on the demand letter, kindly contact my office (317-908-6795)
ATTORNEY- Trez, Kent and long, LLP
Sample Collection of a Debt Demand Letter
Thunnus $ associates
Attorney at law
652 W 30th St.
NY, 30054 OCTOBER 2ND 20XX
Ditman construction LTD
321 Bren St.
Newburgh, NY 15628
RE: DEMAND LETTER BEFORE FINAL LEGAL ACTION
On behalf of my client, I am writing to inform you of the overdue payment. As per the invoice, you still owe $5400 on the total cost of material and delivery. Therefore, you will be charged an additional $300 as per the interest rate for the 30 days overdue bringing the total amount to $5700
This is the final demand letter on the payment. If you don’t clear the outstanding payments within five days, we will have to take legal action.
Kindly contact our firm at (212-900-8985) if you have any questions.
ATTORNEY –THINNESS &ASSOCAITES
Injury Demand Letter Sample
Law offices Cunningham, PLLC
123 D Congress
Prison, AZ 7956801 NOVEMBER 3 20XX
1590 W St Glen Rd
On behalf of our client, we are writing to inform you about the injuries that our client sustained after you ran over him that made him barely survive that fateful ordeal. Your negligence is overboard, yet you are a direct cause of the injuries.
Therefore, we demand that you should settle the hospital bill at Maya hospital of $24468 within 7 days. Failure to adhere to this will attract legal action
You can contact our firm if you have any questions (235-7799-88890)
Insurance Claim Demand Letter Sample
The big ban law firm
Box no: 9078789,
Dallas TX, 7566 JUNE 26 20XX
CLAIM N0 56765456
OUR CLIENT MARK DEAN
RE: INSURANCE CLAIM
I am writing this demand letter on behalf of my client John following insurance claims of his truck that crashed in Illinois on December 23, 20XX. Enclosed are the photos of the truck, the Illinois crash report, summary of medical expenses and wage loss verification form, and tax returns.
Therefore, since you had not responded to the previous demand latter, I am making the final request that you send a certified copy of insured policy limits within two weeks so that we can mitigate this issue. Failure to that will attract legal action.
Kindly review the provided materials. If you have any questions, you can call our office (312-757-4276)
A Pending Litigation Demand Letter
Graham & associates
Attorneys at law
New York 1875 3RD MARCH 2020
Hummus RN, MD
Claims and litigation
5678 st Monica RD
RE Pending litigation of Jane Bree
I am writing to you following pending litigation of our client Jane Bree. It has to our attention that the nature of litigation has obscured the progress of the case to date. This might lead to an unfavorable outcome on the outrageous loss.
Therefore, we demand a response to this issue within seven days, including the explanation and tangible clarification on this issue. Any unasserted claims beyond the provided timeframe will lead to legal action. If you have any questions, you can reach me via (871-278-34556).
Settlement Offer Sample Letter
MIZRA ROBINS &BASULTO, LLP
ATTORNEY AT LAW
34556 WEST ROAD SUITE 904
CREEPY SPRINGS MIAMI567 2ND DECEMBER 20XX
OUR CLIENT: MORIS MORGAN
DATE OF LOSS: 4 NOV 20XX
CLAIM NO: ZX345677
I am representing your insured Morris Morgan on the settlement offer that was to be made following the accident that occurred on November 4, 20XX. I am authorized to make a settlement demand for $6788 concerning the claim.
Enclosed are confidential documents for settlement purposes only. It should not be used in any legal proceeding without our consent. If the settlement fails, the enclosed documents should be returned without retaining the copies. For any inquiries, you can contact our office (001-456-3456)
Return of Personal Property Demand Letter Sample
VIA CERTIFIED RETURN RECEIPT EMAIL (firstname.lastname@example.org)
BLACKSTONE COMPANY LTD
45778, NY TREELINE
TEXAS. December 3, 20XX
RE: RETURN OF PERSONAL PROPERTY
Following the agreement dated December 3, 20XX, your company failed to honor its contractual obligations on leasing the property belonging to my client to date. Despite repeated requests to respond, you have not complied. Therefore, I write this demand letter that the process of returning the property should begin within seven days. Failure to do that will prompt us to file a lawsuit asserting this claim.
If there are any questions you can contact us via (347-450-23455)
Malpractice Claim Demand Letter Sample
LAW OFFICES OF
3456 W CONGRESS ST
PETERSON 45677 2nd OCTOBER 20XX
FREDRICK MART, J.D
PETRONET ST.CATHERINE HOSPITAL
0987 W ST CATHERINE ROAD
RE MEDICAL MALPRACTICE CLAIM OF BILL WILWART
I am writing to you on behalf of my client Bill Wilwart to resolve medical malpractice against PETRONETE ST. CATHERINE HOSPITAL without protracted litigation. On 2nd OCTOBER 20XX, my client was diagnosed with an acute iron deficiency, which prompted Dr. Luiz Martinez to schedule a colonoscopy to establish the cause of the condition. After examining the reports from the colonoscopy, the doctors scheduled a surgery to be done on his colon. The surgery was done, but they didn’t find any cecal mass. My client was transferred to ICU, where he developed respiratory distress due to professional negligence that leads to unnecessary surgery.
Therefore, this demand letter serves as a pre-litigation as one way of solving the problem. I have attached documents and reports that validate this claim.
If you have any questions, call (430-345-9876)
Attorney ADELMAN, PLLC)
When a lawyer sends a demand letter, it implies that failure to adhere to the letter might attract filing a lawsuit. Therefore, the recipient will rectify the situation or send a response letter for negotiations.
Average attorneys will give price quotations ranging from $500-700 for a demand letter. On the other hand, high-end attorneys with established law firms are likely to charge $1500-$2000.
The settlement might take a few weeks to a couple of months, depending on the magnitude of the situation.