There are probably three things people enjoy seeing least in their mailbox: junk catalogs, a jury summons, and a demand letter. Of these three, however, receiving a demand letter can be the most alarming, and for good reason.
Demand letters are formal notices sent by one party in an attempt to compel the receiving party to take some sort of action. Such actions can be pretty much anything, but they usually concern payment for something the sender believes the recipient owes, such as an alleged debt or compensation for alleged physical or financial injury.
What Should I Do After I Get a Demand Letter?
If you’ve received a demand letter, immediately contact an attorney for help. Never ignore a demand letter, but don’t write a response on your own either. Only an attorney can offer the legal advice and services necessary to help you defend against a demand letter.
Why Shouldn’t I Write My Own Response?
You shouldn’t respond to a demand letter on your own because you can unintentionally increase your exposure to liability and legal action against you. Although the demand letter you received isn’t a legal document, it and any response you send back may be admitted as evidence in a future lawsuit.
Most people are not trained to write in a way to protect their liability, so even a seemingly reasonable and well-written response can have all kinds of unintended consequences. For example, someone may unintentionally offer information that can be used against them. Many are also surprised at the damage that vague language or even a single misplaced word can do.
A lawyer, however, understands how to write in the manner necessary to protect a client’s liability and interests. By deferring to your attorney for their guidance and services in this regard, you can increase the possibility of avoiding unnecessary legal trouble.
Are Demand Letters Serious?
Demand letters are absolutely serious, and you should take them seriously. The fact that someone is investing time and resources to send you a formal letter to demand something from you is evidence of their seriousness. It can also signal their intent to take things a step further, which can mean naming you in a future lawsuit.
Do I Legally Have to Respond to a Demand Letter?
There is no legal requirement to respond to a demand letter, but don’t brush it off – and don’t make the decision to respond or not on your own. Just as drafting your own response can cause you legal trouble, so too can making the choice to respond or not without advice from legal counsel.
Again, defer to your attorney for guidance on this matter to shield your liability and prevent unnecessary legal problems. Chances are your attorney will advise a response and help you write one.
Who Can Help Me Write a Response to a Demand Letter?
If you recently received a demand letter from anyone and for any reason, you can reach out to The Law Office of Magdalena Zalewski for help. Our attorney can offer legal advice and services backed by her many years of experience helping clients protect their liability after receiving demand letters.
We understand you can be confused and frustrated during this time. Rest assured that our legal counsel can help you make sense of this situation and make the decisions that can work well for you.
Learn more during a free initial consultation. Contact The Law Office of Magdalena Zalewski online now to get started.
FAQs
You shouldn't respond to a demand letter on your own because you can unintentionally increase your exposure to liability and legal action against you. Although the demand letter you received isn't a legal document, it and any response you send back may be admitted as evidence in a future lawsuit.
Why do people ignore demand letters? ›
They don't believe you have a legitimate claim. Your demands are unreasonable or too high. You included threats or disparaging language in your demand letter. Your case is complex, and the other person needs more time to consider your demands.
What happens if I don't respond to a demand letter? ›
Most demand letters will instruct you to provide a written reply (your response letter) within a certain amount of time (the response deadline), or else the sending party (the obligee) will consider taking legal action against you.
Can a demand letter backfire? ›
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!
How long should you give someone to respond to a demand letter? ›
Most demand letters include a deadline for response. This deadline is typically 30 business days from the date the letter is received.
What not to say in a demand letter? ›
In drafting a demand letter, there are a number of different mistakes that you need to take care to avoid. First and foremost, you should never use any nasty, abusive, or threatening language in this document. A demand letter should always be polite.
Is a demand letter blackmail? ›
This distinction between demand letters that threaten to file civil lawsuits and those threatening to file criminal complaints is firmly supported by the law. Courts have long recognized that threats to file nonsham civil litigation are not extortion under California law.
Is a demand letter a bluff? ›
Unlike a civil complaint, however, a demand letter does not start the clock for your opponent's ultimate accountability in court. Prospective defendants sometimes just ignore demand letters, figuring that they're likely bluffs and that the issue will only become one to take seriously if/when the Plaintiff files suit.
How serious is a demand letter? ›
Demand letters usually state the harm the client has suffered, the relief they request and may threaten the sender's intent to accelerate the dispute via a lawsuit if the recipient does not respond accordingly.
What are the risks of a demand letter? ›
Potential Legal Risks
Demand letters that include threats of litigation, accusations of infringement, recitations of the legal requirements for infringement, and/or a refusal for the marks to co-exist may increase the risk that the trademark holder will be subject to a declaratory judgment action.
Benefit: A Demand Letter Can Be Used as Evidence
This is especially important if your claim is based on a federal act or state statute that requires you to provide notice before filing a lawsuit. A demand letter can be used as evidence of your good-faith attempt to settle.
Are demand letters confidential? ›
Mauro,8 in which the California Supreme Court indicated that, although pre-litigation demand letters are typically protected by the litigation privilege, there is an exception (the “Flatley exception”) for a demand letter that is so extreme that it is found to constitute criminal extortion as a matter of law.
Is a demand letter negotiable? ›
In the demand letter, a claimant often begins the negotiating process with a request for compensation that might be considerably higher than the amount he or she would be satisfied accepting in the end. The letter is only the beginning of a settlement negotiation process that is similar to bargaining at a swap meet.
Should you ignore a demand letter? ›
What Should I Do After I Get a Demand Letter? If you've received a demand letter, immediately contact an attorney for help. Never ignore a demand letter, but don't write a response on your own either. Only an attorney can offer the legal advice and services necessary to help you defend against a demand letter.
How long after a demand letter can I expect settlement progressive? ›
It can take anywhere from several weeks to several months for Progressive to respond to demand letters.
What happens when a demand letter expires? ›
If you receive no response to your demand letter after the 45-day window, your personal injury lawyer will revise the letter and send it out again. Although this process can be frustrating, having patience can is key to getting the ultimate outcome to result in your favor.
Why do lawyers ignore their clients? ›
He's attending to other cases on his docket.
This ties into the previous point; if your attorney has other cases (which he does), he will likely deal with yours only when a deadline is coming up. You aren't his only client. He has others to work on.
Can you counter a demand letter? ›
Relevant Legal Arguments In California
Assert counterclaims: If you have a claim against the party making the demand, you may assert a counterclaim. This may allow you to offset or settle any damages or debts claimed in the demand letter.
