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Before filing a formal lawsuit in court, you might need to write a demand letter to send to the party you plan to sue. Bear in mind that the demand letter can be more than just a peace offering. In some cases, the document can strengthen your position. Thus, you better compose it correctly to make it more beneficial.
Why Making A Demand Letter
Sending a demand letter means you offer to settle the issue with the opposing partner in a more peaceful way. The goal is to get the problem resolved without making it to court. It would be much more efficient this way.
Even if the opposing party refuses this opportunity, your demand letter will benefit you in court later on. First, it would help you and your lawyer to organize your case better. The letter may also promote your case settlement. Thus, your chance of winning the case will be higher.
What to Include in A Demand Letter
The opposing party needs to understand that you have a problem with them and want to resolve the issue civilly. Thus, your demand letter needs to contain every important aspect to discuss for negotiation, including;
- The chronology of the case
- Any facts that correlate to the case
- The loss and disadvantages you get from the issue
- The demands you expect them to pay or do for you
- A reasonable deadline for the opposing party to consider and fulfill your demands
- Your contact information for them to reach out for negotiation.
If the opposing party is not accepting your demand, your case will go to court. That means someone in the court will read your demand letter. Hence, you will need the letter to be written clearly, so anyone who reads it would have a full understanding of your case.
Tips for An Effective Demand Letter
You may need to be clear and firm when stating your demands. Yet, you want the letter to stay peaceful and nice to convince the other party to take it. To reach such a goal, you can take the tips below:
- Always use a formal business-like tone, even if the opposing party is an individual you know.
- Use correct grammar and avoid typos.
- Get it typed and printed in a neat format instead of handwriting it.
- Make the letter concise and to the point, yet state all the necessary information.
- Make and keep a copy of the letter.
- Document the evidence of you sending the letter (postal receipt, email history archive, etc.)
If your case is minor, writing a demand letter on your own might not be a big deal. However, if the matter is pretty complex or there is a huge amount of money involved, it is best to get an attorney to compose the letter and proceed on your behalf. Attorneys know how to arrange the wordings safely and effectively, so your demand letter can be a powerful weapon in your lawsuit.
You can connect to Mutlu Law Office for all of your legal consultation needs. Kocaeli Lawyer