Recent Answers to Demand Letter Law Questions
Can I get helping drafting a demand letter to my former company for my employment claims
Employment
Demand Letter
Massachusetts
I have potential employment related claims for discrimination, harassment, etc against my former employer. And wish to send a demand letter to offer early settlement. Need help with drafting this letter
Stephen R.
Sure. It’s wise to have an attorney review any correspondence you’d send to an adversary you’re contemplating legal action against and it is often the case that such a letter when issued on an attorney’s letterhead triggers a response. That said, employment law is tricky since MA is an at will state meaning an employer can terminate for any reason at all outside of racial/sex/orientation bases or retaliation . Obviously there are nuances, but these are the broad strokes.
Can a demand letter be used to recover unpaid wages from an employer?
Employment
Demand Letter
Washington
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.
Merry K.
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).
Can I draft my own demand letter?
Litigation
Demand Letter
Georgia
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.
Negotiating after a demand letter?
Debt Collection
Demand Letter
Maryland
I recently received a demand letter from an individual who claims I owe them money. I am interested in negotiating a settlement outside of court, but am unsure of the best way to go about this. I am looking to get advice from a lawyer on how to proceed in order to reach a mutually beneficial agreement.
Kimm M.
As a general rule, the best approach would be to either send a letter in response that proposes the settlement terms you desire, or to call the individual and negotiate by phone.
Can I resend a revised demand letter?
Business Contracts
Demand Letter
Maryland
I recently sent a demand letter to a business regarding payment owed for services rendered. The demand letter was not answered and I am looking to take further action. I am wondering if I can resend the demand letter with revised terms, or if I should pursue other legal action.
Kimm M.
Theoretically, you can resend the demand letter with revised terms. However, if the business never responded to your first letter at all, that probably would not yield a good result. The next best step in this situation would be to pursue other legal action.
What is a demand letter?
Litigation
Demand Letter
Georgia
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.