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Home Q&A Forum Is a demand letter legally binding?

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.

1 Attorney answer

Answer

Business

New York

Answered 368 days ago

Gregory F.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia, New York
Free Consultation

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.

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