How to Effectively Respond to a Demand Letter
What Is a Demand Letter?
A demand letter is a message from another person or company asking you to take some kind of action, usually to pay money. It is often the first step someone takes before considering legal action to solve a dispute.
Don’t Ignore the Letter
It’s important not to ignore a demand letter. If you don’t respond, the sender may decide to take the issue to court sooner than if you had replied. Demand letters often include a deadline for your response.
While you are usually not legally required to reply by this date, answering can help resolve the issue without going to court. Not responding may also make you look bad later if things do end up in front of a judge.
Read the Letter Carefully
Whether the demand letter comes as a surprise or you were expecting it, take a moment to read it carefully. Try not to react emotionally.
Sometimes, the request in the letter may be reasonable or not as bad as you thought. If you can resolve the issue, make sure to get a signed and notarized release from the other party showing that the matter is closed.
Check If the Claims Are Valid
Take a close look at the reasons and facts mentioned in the letter. Be honest with yourself about whether you might owe what the other person says. If you spot mistakes or think you have your own claims against them, make a list.
Understand Why the Letter Was Sent
The sender may hope you don’t have a lawyer or don’t understand legal matters. Even if their claims aren’t valid, they may expect you to pay to avoid a lawsuit.
Consider If You Need a Lawyer
If you already have a lawyer, you might want them to reply for you. If not, you could hire a lawyer just to help you respond to the letter, which may not be expensive.
Having a lawyer reply can make your response more official and protect your interests.
Write a Professional Response
If you choose to reply on your own, do so within the deadline if possible. Use clear, factual, and polite language. If you have a business, use your company’s letterhead.
Avoid insults or angry language, since anything you write could be used against you later. Aim for a calm and reasonable tone.
Prove You Sent Your Response
Send your response in a way that you can track, such as certified mail or email with a read receipt. Keep proof that your letter was delivered and received in case you need it later.
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