Home Q&A Forum When to send a demand letter?

Accounting

Demand Letter

New York

Asked on Sep 15, 2023

When to send a demand letter?

I am writing to ask a question about when to send a demand letter. I am in the process of trying to collect a debt from a customer who has yet to pay an invoice that is long overdue. I have already tried to contact the customer multiple times, but they have not responded. I am seeking legal advice on when and how to send a demand letter in order to collect the debt.

Answers from 1 Lawyer

Answer

Accounting

New York

Answered 944 days ago

Jennifer P.

ContractsCounsel verified

Business Lawyer
Licensed in California, New York
Free Consultation
3.0 (2)
Member Since:
September 5, 2023

You should definitely send one as soon as it is reasonable to conclude that the debtor is most likely avoiding payment, and the situation will not change. The debtor, acting in good faith, should have been willing to discuss payment arrangements with you as opposed to not responding. Their unwillingness to cooperate is just cause for stepping up your collection efforts. Good luck!

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Heather B.

52 projects on CC
CC verified
View Profile

Dolan W.

861 projects on CC
CC verified
View Profile

Stephen R.

11 projects on CC
CC verified
View Profile

Allen L.

69 projects on CC
CC verified
View Profile

People Also Asked

Business

Demand Letter

New York

Asked on Sep 15, 2023

Is a demand letter legally binding?

I recently received a demand letter from a former business partner who is claiming that I owe them money. This demand letter states that I must pay the amount specified by a certain date or face legal action. I am concerned about the legal implications of this demand letter and want to know if it is legally binding.

View Gregory F.
5.0 (7)

Gregory F.

Answered Oct 3, 2023

Technically, the demand letter has no legal impact. It simply represents an offer to resolve a dispute via an out-of-court settlement under the threat of litigation. In your case, it appears from your description that your former business partner has demanded that you pay the disputed amount by a certain date or else s/he will commence a lawsuit against you. It is, of course, possible that even if you do not pay the amount demanded, your former business partner would decide not to pursue the lawsuit--in other words, it could be a bluff. However, if you call the bluff and ignore the letter, and your former business partner sues you, it could become a much more expensive problem for you. I would therefore strongly recommend that you retain an attorney to advise you and respond to the letter.

Read 1 attorney answer>

Employment

Demand Letter

Washington

Asked on Sep 17, 2023

Response to an unfair demand letter?

I recently received a demand letter from a former employer, accusing me of violating our employment agreement. The allegations are false and I believe the demands made in the letter are unfair. I am seeking legal advice to understand my rights and how I can respond to the demand letter.

5.0 (18)

Merry K.

Answered Sep 19, 2023

Hello - so sorry that you received this. First off, be aware that there is zero requirement that you reply to a demand letter; sometimes, strategically, it's better not to, because anything you say could be used against you should the employer escalate the matter. Second, in many demand letters, a lawsuit is threatened, but many people make threats and never follow through with a lawsuit. Third, if the letter is from the employer, rather than from an attorney, it's less likely to be factually and legall accurate than if it came from an attorney. Finally, if you are concerned, it'd be a good idea to have the letter AND your contract AND any other pertinent information reviewed by an employment attorney. I'd be happy to help you with this if you'd like to request me, and I can almost always provide a quick turnaround.

Read 1 attorney answer>

Debt Collection

Demand Letter

Washington

Asked on Sep 18, 2023

Drafting tone in a demand letter?

I recently received a demand letter from a creditor for an unpaid debt. I am unsure of how to respond in a way that is both respectful and firm. I am concerned about the tone of my response and I would like to make sure that it is appropriate and in line with the law.

5.0 (18)

Merry K.

Answered Sep 19, 2023

It is always an excellent idea to (1) Use a polite and professional tone, along the lines of how you would write if your letter could end up in front of a judge some day; (2) Have a friend or family member review your letter with you before you send it; and (3) include all your pertinent contact information. However, I do want to mention that when you write back, if you don't know what the debt is for, you are within your rights to request written verification of what the debt is for - I mention this because there is a popular scam of sending fake debt collection letters to people and causing them all kinds of stress and distress.

Read 1 attorney answer>

Debt Collection

Demand Letter

Washington

Asked on Sep 18, 2023

Citing laws in a demand letter?

I recently sent a demand letter to a person who I believe owes me money. I am trying to collect the payment they owe me, but they are refusing to pay. I included a few laws in the demand letter that I believe are relevant to my situation, but I am not sure if I have included all of the necessary laws. I would like to make sure I am citing all of the applicable laws in my demand letter so that I can ensure the payment is collected.

5.0 (18)

Merry K.

Answered Sep 19, 2023

Unfortunately, often, one can cite all the laws one wants, but the person who owes the debt may simply be unwilling or unable to pay. If the debt is for less than $10,000, consider filing in Small Claims Court in your county. Here is the statewide information: https://www.courts.wa.gov/newsinfo/resources/?altMenu=smal&fa=newsinfo_jury.scc In addition, many counties, such as King, have their own websites and lots of information. When you file in Small Claims Court, be sure to include copies of all relevent paperwork, including any letters you sent to the defendent. And request reimbursement for the debt, interest, the cost of filing the Small Claims case, and any related costs/expenses. Even if you win, however, you may not get paid - but if you win, you will have some other ways to collect, such as garnishing wages or a bank account. I'd be happy to help coach you through the Small Claims process if you'd like to request my help through ContractsCounsel.com

Read 1 attorney answer>

Employment

Demand Letter

Washington

Asked on Sep 3, 2024

Can a demand letter be used to recover unpaid wages from an employer?

I worked for a small business for several months and during that time, my employer consistently paid me less than the agreed-upon wage. Despite multiple conversations and promises to rectify the situation, they have failed to pay me the remaining amount owed. I am considering sending a demand letter to formally request payment of the outstanding wages, but I am unsure if this is an appropriate course of action or if there are any legal limitations to using a demand letter in this context.

5.0 (18)

Merry K.

Answered Sep 10, 2024

You can always write a letter and ask politely and professionally, and send the letter certified, return receipt, and keep copies of everything. If you pay an attorney to do this for you, it could cost $1000 or more. Or, for free, you can file a wage complaint for free with the state, here: https://secure.lni.wa.gov/wagecomplaint/#/ You are protected from retaliation from doing so (at least, in theory - there are ways that employer can subtly retaliate).

Read 1 attorney answer>

Find lawyers and attorneys by city