Litigation
Demand Letter
Florida
Costs threatened in a demand letter?
I recently received a demand letter from a person that I had a disagreement with. The letter stated that if I did not take certain actions, they would take legal action against me. The letter also mentioned potential costs associated with this legal action. I am wondering what the potential costs could be and what I can do to protect myself from incurring them.
Answers from 1 Lawyer
Answer
Litigation
Florida
Linda W.
ContractsCounsel verified
The first question I would ask, is the nature of the dispute. Is it actionable? Does the person who sent the demand letter have any legal right to bring a lawsuit against you? Typically costs associated with a lawsuit are the filing fee and service of process/summons and possibly free judgment interest, depending on the alleged violation, if it is monetary.
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What is a demand letter?
I recently received a letter from a collection agency demanding payment for an outstanding debt. I am unsure if this is a demand letter, or if there is a different type of letter I should be expecting. I am looking for clarification on what a demand letter is so that I can better understand the situation and take the appropriate steps to resolve this debt.
Gregory F.
What you are describing certainly sounds like a demand letter. A demand letter is simply a demand for payment of money or damages you are claimed to owe in exchange for avoiding legal action. I strongly recommend you consult with an experienced GA litigation attorney, such as myself, before deciding on your next steps.
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Demand letter before litigation?
I am considering sending a demand letter to a company that I believe has wrongfully taken money from me. I want to know if a demand letter is necessary before I can pursue litigation against them. I have already sent them a letter asking for the money back, but I haven't received a response. I am now considering taking legal action and want to know if a demand letter is necessary before I do so.
Gregory F.
No, a demand letter is not necessary before filing suit, but a demand letter sent by an attorney can carry more weight and be more effective than one you send on your own. I suggest you consult with an experienced Georgia litigation attorney, such as myself, to discuss your specific situation before deciding on your next steps.
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Can I draft my own demand letter?
I recently received a letter from a company that I have a dispute with. The letter was a demand for payment of a certain amount of money, and I am not sure if I should respond to the demand or not. I am considering writing a demand letter of my own in response, but I am not sure if I am legally allowed to do so and what the potential consequences could be.
Bobby H.
Although engaging a lawyer is preferred, there is generally no legal prohibition against a non- lawyer making his/her own demand or respoding to a demand provided you do not threaten violence or bodily harm or use any other language which may give rise to criminal liability. However, if the amount the claim is undisputed, and depending on the type of claim, there are provisions which allow a court to award the person making the claim his/her attorneys fees in addition to the amount of underlying claim if a demand is rejected under circumstances if the case goes to court. Thus, use of an attorney is again advised but generally not legally required.
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Evidence attached to a demand letter?
I recently received a demand letter from a former business partner. The letter outlines a financial settlement that they are demanding from me. I am unsure if any evidence was included in the demand letter and I would like to know if I need to provide evidence of my own in order to dispute the claim. I would like to understand what kind of evidence is necessary to accompany a demand letter and how it could potentially affect the outcome of the dispute.
Gregory F.
It is always beneficial for a demand letter to include the supporting evidence. Your response should likewise including supporting evidence in an effort to defend against the claims. I strongly suggest you consult with an experienced GA litigation attorney, such as myself, before deciding on your next steps.
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Modifying a demand letter: possible?
I recently sent a demand letter to a company with whom I have a contract dispute. The company has not responded to my letter, and I am considering sending a modified letter. I would like to know if it is possible to modify the demand letter I sent, and if so, what the most effective modifications would be.
Linda W.
You can always modify a demand letter. The question is whether it is warranted or not. And the effective modifications would depend on the subject matter
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