The Do's and Don'ts of Writing a Demand Letter

-

You've decided it's time to file a small claim. You've heard it's relatively easy and pain-free. But you realize that you have no idea where to start. How do you even initiate your claim? Well, you begin by writing a demand letter. A demand letter is the key to getting your dispute off the ground and into the small claims courthouse.

 

What is Your First Step in Filing a Small Claim?

The saying "the first step is the most important," applies here. The demand letter is the layperson's version of a legal complaint. In it, you state what your dispute is and why you want to handle it in court. The demand letter must also contain the amount for which you are suing or the specific relief you seek. You submit this letter to the person with whom you have the dispute. If and when you prepare to file, submit it to the clerk of court. While you do not need legal drafting experience to compose a demand letter, it does need to be clear and well organized.

What should you write in a demand letter?

First, give a brief history of the dispute. Explain why there has been no agreement so far. While your opponent may know exactly what happened, a judge or court clerk who may end up reading it will not. Organize it chronologically, but be brief. That way, an uninvolved observer will be able to follow it easily.

Be polite, concise and specific about what you want and what your next step will be if the problem is not resolved. For example, if it is a debt settlement, include the amount owed and the date it was due. If you are willing to accept a lower amount in settlement, say so. If not, make that clear as well. Let the other person know that if you are not able to come to an agreement, you will file in small claims court. Hopefully, he or she will decide it makes sense to compromise.

What should you absolutely avoid when writing a demand letter?

Avoid threatening or disparaging the other person. Do not use language that will convey your frustration or anger. Creating a negative mood will only lessen your chances of reaching an agreement. The idea of the letter is to show the other person you are serious and give them the chance to consider their legal choices. It is not an opportunity to insult them or create an adversarial relationship. If the dispute ends up in court, remember that the same judge who will hear your case will read your demand letter. This is another reason to keep it objective and professional. The last thing you would want is for the judge to perceive you as being antagonistic.

How long should the letter be?

There is no minimum or maximum length for a demand letter. However, shorter is better. It should only be long enough to clarify your intent, not a page more. A letter that gets to the point will show your opponent that you are serious about the lawsuit. It will also help the court clerk and the judges who are extremely busy. The less you give them to read, the better it will be for your case.

Finally, make and keep several copies of the letter for yourself and to use in any future court appearances. If you are lucky, you will not end up in front of a judge but if that happens, you will be prepared.

Comments

Girlfriend's landlord is in posession of my mail (State of Florida).

Can I write a demand letter to get the mail back into my posession (she has put my name in the mailbox for mail to come to me)?

Josh, thank you for your inquiry. We currently do not offer demand letters. However, if you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com

I want to serve a demand letter, but the individual in question keeps moving and living at other people's houses. He works at his family's business regularly...can I send it there?

Thanks for your inquiry. LegalZoom makes creating legal documents easy and affordable, but we can't give specific legal advice about where to serve demand letters. However, we may be able to help you find an attorney who can assist you, try: http://attorneyconnect.legalzoom.com

I keep being threatened on something that is not true, what do I do to get this stopped without going to court or what other recourse is there.

Hi, thank you for contacting LegalZoom, and we are sorry about this unfortunate situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm we can't give specific legal advice regarding your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

I paid a mortage attorny to negoicate a modification/refi with my lender, Bank of America. He/they were unsuccsessful and stop returning my phone calls and e-mails. I paid them $3.000.00 for this serves and they have done nothing. I want my money back. ASlso, if there is a legal way for them to pay for any other compensation for all the aggrosation, time loss, plus any new accuring fees. If my home goes into forclosure because of waseted time, not being on timeframe to work with the lender. Thank you in advance.

I am a Clinical Psychologist. I had worked as an independent contractor until July 25,2011. The propietor of this business owes me $7020 for serives rendered going as far back as last year. I have contacted him numerous times and he will not respond. Recently I was made aware of the fact that it took another former contractor two years to get most of the money he owed. The proprietor of this company has been paid by my patient's insurance companies. The contract I signed state that I will be paid $40.00 per 50 minute session after insurance is collected. I am not sure what action to take, however, I am not willing to play games for 2 years. Is there any kind of legal resources available for this?
Thank you
Alison Lee, Ph.D.

I live in Arizona and visited Pa. I found an RV that I was interested in on Sept. 1st and after inspecting it 2 times, I put down $750.00, on the morning of Sept. 1st.(in PA)
That afternoon we made an agreement to charge the battery and try to move the vehicle out of dried mud that it had been buried in up to the rims. At this time, my friend (and his Brother-in law, same person) saw an amount of water coming out of the bunk above the driver's door (Class C motorhome). Upon inspecting, I found all the wood in this area was waterlogged and I did not believe it was repairable, so I wanted my money back on the Rv. I learned that the owner was short on cash and spent the $750.00 on a outstanding propane bill and does not have the money to repay. I have tried to contact him through the brother in law and they are avoiding me. A friend of mine claims he is representing me and supposedly got him to sign a contract for repayment, but I have asked 3 times now for a copy to no avail.
I was finally able to get an address via the internet of the person. What course is advisable? A demand letter? anything else?

Meand my huband move into and house in march 2011 and we payed 1300 dollars to mve in the money was going to the house the caretaker said to repair the house.now it is octber 2011 and nothing is done the landlord keep recieve rent from us but not fixing any what should wedo. Were did the money go to?

a month ago, I called verizon to see if they were offering their new internet, cable and phone service in my area.
They said yes and I spent an hour or so putting my bundle together. The cable they offered in my area was direct TV. It's satellite; which, I am not so fond of but, the bundle they offered was fabulous. 2 days later, direct TV came and set up in my home. After they left, I phoned Verizon to see what I was supposed to do. They couldn't find my account. I spent the entire day, Nov 20th, on the phone with Verizon. It was my mothers birthday. No one would help me. They provided me a service that I found out late Sunday, they don't offer in my area. I wouldn't have had Satellite come in and put holes in my walls had it not been for Verizon. Direct TV said that the service came thru from Verizon as a bundle. I have spoken to the PUC, as well as Verizons customer relations. After being cut off from my phone and internet for over a week, I finally found service elsewhere. Today is Dec 16th. I finally received a call from Verizon. They are not willing to compensate me in any way for their huge mistake. Is there anything I can do to get some form of compensation? This was a disaster.

My daughter was in a car accident about a week ago with a woman the police reported that did not have proof of insurance. My daughters car looks as though it is probably totaled and we only had liability insurance coverage. Her car was then towed to a tow lot where it is sitting probably racking up storage charges on top of the tow charge. Our insurance also told her that she is responcible for the first $1,000 in medical costs for her and her passenger for her deductible. Can I file a claim in JP court here in Delaware for the vehicle loss, towing & storage as well for approximate medical costs all together maybe $12,000 or what can I do to get our financial loss reimbursed?



Please note that we can’t answer legal questions in the article comments. If you have a specific legal question, click here to connect with an attorney.

The content of this field is kept private and will not be shown publicly.