When can I expect to settle after a demand letter?
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ContractsCounsel verified
When can I expect to settle after a demand letter?
Hello ***!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
If I can clarify, are you demanding money or some kind of performance?
Performance based.
We are a company who hired a vendor (pre-paid for services) and the vendor has not performed those services well.
We are demanding a refund of the roughly $80k we paid them in 2024.
I've been advised we should try a demand letter and I wanted to understand how quickly they work and how effective they are and more about the process.
How awful! Any idea the reasons they aren't performing in this case? Have they provided any justification?
They were suppose to deliver a series of websites for us and have failed.
They have missed deadlines and only delivered 2 out of the 3.
The 2 that they did deliver are not good enough and clunky, so we want our money back.
Understood! So you're just wondering what you need to do here, correct?
Yeah - and really how quickly we can expect to get a settlement or our money back after sending a demand letter.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
No that's it.
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
So legally speaking, there is generally no specific deadline when it comes to these things. It sounds like you have a breach of contract action which can be extremely frustrating to deal with and given that it's $80k, that's not a little bit of money.
With that said, I always recommend sending at least two demands to them. The last one has to be threatening in that you have to let them know that you have the right to sue the vendor and that you may get a lien on any real estate, personal property, or freeze the company's bank account if they do not perform.
I also would recommend staying open to a settlement. Sometimes, the expense and time of going to court may exceed $80k, so if you think about how much you'd be willing to take to avoid court, you can give yourself an advantage.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Thank you.
Do demand letters typically have deadlines?
If so, what is the normal deadline? Just trying to add up how much time they would have to respond until we took legal action.
It varies. Given the amount of money owed here, I'd recommend giving them 10 days to give the money.
There is really no "normal" amount of time, but I have learned that if you give people too much time, they will take every moment, so 10 days is enough time for them to meet together to figure out how they are going to get you paid back.
So there is no "deadline" per se, but you create your own. 10 days is common.
OK got it. So if we did two demand letters, that would be 20 days total? Then if no payment or settlement reached, we could sue them. Is that right?
So I would say 10 days for each demand letter. In that time, it'd be important to consider hiring a lawyer who may be able to send one final demand on their own letterhead. It typically gets people to take things seriously at that time. Then, I'd discuss with that lawyer about bringing a breach of contract lawsuit.
Ok - I see you're in California. We are and this vendor is. Does that mean you could help us? or is this just a chat service?
Sure thing! So depending on the county, but it's possible, yes!
My regular fee is $*** per hour, but your membership gives you a 10% off discount. I can set up the job through ContractsCounsel.com and send you an email for it.
OK sounds good. Will you need to look at the contract we have in place with them to further understand the breach of contract?
I've also got email communications.
Sure thing! Yes, I can review the contract. Typically, contract reviews are $*** as a flat fee (you get 10% off of that, so $***). I can review it and let you know if there are any other issues, whether there are additional remedies, and explain whether you are even able to sue in court. Sometimes, agreements require arbitration and this is a slightly different process than court.
OK great. Let's have a quick chat on phone and then we can move forward on this. I am happy to discuss the situation more and if you need to review the contract, we may also do that.
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