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This post covers everything you need to know about demand letter.
Sending a demand letter is an effective legal mechanism that you can use to demand any legal action from anyone.
A well-written demand letter can help you archive a looot of things that I would not like to talk about in this introduction ( i will talk about them later in this post).
The problem is writing a strong demand letter is a huge legal responsibility, and writing g a dumb boring demand notice will not be fruitful.
I think you really need a detailed guide for that. Here, I will take you through;
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A demand letter is a formal letter addressed to a person who by act or omission failed to fulfill his legal obligation, as a result, the innocent party suffers damages.
A demand letter is always demanding the addressee rectify his actions within a specific time before the innocent party takes legal action against him.
In most cases, a demand letter is drafted by a lawyer but, for its simplicity, even a layperson can draft it.
Most often, after all, previous efforts have failed and before taking any further legal action, a demand letter is delivered as a courtesy or a reminder.
It is typically sent to the addressee by certified mail, offering them one more opportunity to make things right—financially or otherwise.
The majority of demand letters include information on how to remedy the problem, such as payment information and deadlines.
The following are the importance of a demand letter;
Generally, there are no strict rules which govern how to write a demand letter.
Despite the fact that a demand letter takes the format of a business letter, in most cases, the style of the demand letter/ demand note differs according to the nature of the claim.
As a matter of practice, the following is how you can write an effective demand letter:
other useful tips
The following is a general example of a demand letter.
DATE……………….
Ref. …………………….
AAA Limited
222 West Street
WESTOWN NSW 2222
RE: DEMAND LETTER FOR ……………………… TO AAA LIMITED
I am acting on behalf of A AND B, the Managing Director XYZ Limited (my client) has instructed me to demand from you as I hereby do and address you in the following terms:
TAKE NOTICE that if you fail to put into effect the requirements of this DEMAND NOTE, or other mutually agreeing with my client through my office into which you will remedy my client, my client’s further instructions to me to institute legal proceedings against you in which you will be compelled to repay the outstanding amount plus interest thereof, damages suffered by my client, and other legal consequences arising from those legal proceedings.
Respectively,
…………. Advocate.
CC. Client.
NB: All correspondences should be directed to the above address.
The following is a strongly worded demand letter for payment
Michael Johnson
AAA Law Firm
222 West Street
WESTOWN NSW 2222
12 October 20..
Tony Andrew
18 East Street
WESTOWN NSW 1111
RE: NOTICE OF CLAIM OF PAYMENT OF THE SUM AMOUNT OF $10,000/=
We are acting under instructions from our client BRENDA ISACK to demand from you, JOHN MATHEW as we hereby do;
That, our client had a sale agreement with you and she whereof sold you goods valued $10,000/= for which you have not yet paid.
Our client’s frantic efforts of making a follow-up for the payment of the said amount arising from such a transaction ended in vain.
NOW THEREFORE upon written instructions from our said client; we DO HEREBY make formal demand upon you JOHN MATHEW to pay forthwith to us on behalf of our client the sum amount of $10,000/=
TAKE FURTHER GOOD NOTICE THAT upon your failure to make full payment of the above-stated sum and/or make suitable arrangements for the payment of such debt within 7 (seven days) from the date hereof, we will have to institute legal proceedings in a court of law against you, holding you responsible for all damages, costs and other attendants thereto without further notice.
This demand notice is without prejudice and shall not be construed as a waiver of our client’s other remedies under the law.
Any communication with regard to this matter shall be channeled through our Office.
Yours Faithfully,
MATHIAS SMITH
A AND CO, ADVOCATES
The following is the sample demand letter for breach of contract
Michael Johnson
AAA Law Firm
222 West Street
WESTOWN NSW 2222
12 October 20…
Tony Andrew
18 East Street
WESTOWN NSW 1111
RE: DEMAND NOTE FOR THE PAYMENT OF USD 5,885 TO THE DUTCH SPONSORS FOR BREACH OF CONTRACT
Refer to the above heading.
We represent ABC Company Limited in this matter and have been instructed to demand from you as follows:
That, you have failed to meet our contractual obligation by not providing an alternative motor vehicle following the breakdown of your car on 24th December 20…, as per your contract you have arrogantly and maliciously decided not to refund our client of the amount you have received and additional costs that they have incurred.
For these reasons we demand the following from you;
You may get in touch either with our offices or with our client for further clarification and/or settlement.
Failure to comply with our demands, we shall take legal action against you.
Our client reserves the right to further institute criminal proceedings against you for obtaining money by false pretense under criminal law.
Note that in default of our demand we have firm instructions to recover the same through whatsoever legal means possible, including but not limited to the engagement of debt collectors which we have consulted and serve a copy of this letter as indicated hereunder and/or institution of legal proceedings against you.
In the event, any such additional costs shall be claimed including aggravation of the damages so caused to our client.
Yours Faithfully,
Michael Johnson
Advocate
The following is an example of a demand letter for a car accident
Harris Kane
105 South Street
Downtown, CA 12345
March 15, 20…
Bob Jones
Claims Adjuster
Hope Insurance Company
5600 Hope Drive
East coast, CA 67890
Re: Your Insured, Matthew White
Claimant: Harris Kane
Claim No.: G 765-93
Date of Incident: January 13, 20…
Dear Mr. Jones:
This letter is recognized as official notice that payment is being demanded for the car accident that occurred on January 13, 20… The total demand amount, after calculating direct payments along with the pain and suffering of the event, is [insert total amount claimed].
A breakdown of the total amount is as follows:
INJURIES/TREATMENT: $______________
OUT-OF-POCKET EXPENSES: $______________
LOST WAGES/EARNINGS: $______________
PAIN AND SUFFERING: $______________
The following are the statements of facts for easy reference
CAR ACCIDENT
On _________________, 20____, at approximately ____:____ ☐ AM ☐ PM the following accident occurred as described: [give the full details on how accidednt occurred]
INJURIES AND TREATMENT
Directly due to the car accident I had to sustain the following medical treatment: [describe all the injury you have suffered plus the treatment received and its costs. Attach the necessary documanation]
OUT-OF-POCKET EXPENSES
As a result of the car accident I was required to come up with the following out-of-pocket expenses: [itemize all the out-of-pocket expenses that you have incurred]
LOST WAGES/EARNINGS
After the car accident, I lost the following wages and earnings as described: [describe the total wages lost, use vivid illustration to justify your claim]
PAIN AND SUFFERING
As a consequence of the described events, I suffered the following: [decribe all the pain and suffering in detail]
After careful consideration of the issues involved in this claim, and a review of jury verdicts and insurance company settlements with similar fact patterns, I believe the total demand amount represents a fair and equitable settlement amount.
I’m hoping to hear from you within 30 days of the date of this letter
Sincerely,
sign;
Harris Kane
A demand letter from an attorney is a great way to successfully request certain actions from a person before going to court.
According to Cornell law school, Legal Information Institute the purpose of a demand letter from an attorney is to begin legal negotiation between opposing parties that will result in dispute resolution rather than litigation and to influence the recipient’s understanding of the dispute’s risks and rewards in a way that favors the client’s interests.
An attorney demand letter shows that you are serious about your claim and it also acts as a serious warning to the other party that if he fails to heed the demand letter from the attorney, strong legal action will be taken against him.
The following are examples of a demand letter from the Attorney
Zen & Associates
Attorneys at Law
150 W 7th St.
New York, NY 1003
November 19, 20..
Mr. John Jackson
Director,
Boxer Publishing Ltd.
201 Ann St.
Newburgh, NY 12550
RE: DEMAND NOTICE AND INTENTION TO SUE FOR DEFAMATION
Our Law Firm has been instructed by our client, Mr. Calvin JonesMr. Calvin Jones, with whom you ought to be very well acquainted, to write this communiqué to you, for purposes of record and avoidance of doubt, and bring to your notice with the express intention to inform you and demand from you the following:
That is, your Newspaper ‘The A OR B’ of Wednesday, 11th February in The Year of Our Lord two thousand and twenty-one, on the front page, of your other magazine named XYZ, and on their corresponding websites, you published a major headline with a running the title “Mr. Calvin Jones on Regional and International Armed Forces Wanted List.”
The articles contain defamatory information against our client, Mr. Calvin Jones; they portray our client Mr. Calvin Jones as a dangerous person who committed a crime against children, a criminal involved in kidnapping, and a fugitive.
You are aware, and or by reasonable due diligence, ought to know, or be in a position to be well informed that the information in the articles are false, untrue, and have no iota of artificiality and above all has all the ingredients of defamation.
We would like to bring to your attention, notice, and information that our client, Mr. Calvin Jones is a good public servant and a well-respected member of society.
He has been an employee of the DEF CO. LTD the Year of Our Good Lord, Nineteen Hundred and Seventy (1970), providing valuable services to this country, the regions at large, including but not limited to the international community.
Also, Mr. Calvin Jones has never committed a crime against children nor has he abducted anybody.
Mr. Calvin Jones is not on the run neither is any Local, Regional, or International Criminal Agency looking for him. Indeed, the article has inflicted serious social, psychological, and financial damages to Mr. Calvin Jones, his family, his relatives, and his friends, his agents, and potential business partners and has provoked havoc within the family, relatives, and the entire circle of friends and business partners.
Given the above, Mr. Calvin Jones hereby demands that:
Take note that should you fail, neglect, ignore, disregard, overlook, or otherwise refuse, to heed to this demand notice and the contents herein within 21 (Twenty One) days from the date of service of this notice, rigorous legal proceedings shall be preferred against you at your peril and risk and related subsequent costs arising wherefrom, without further notice.
BE INFORMED, WARNED, AND CAUTIONED ACCORDINGLY
……………………………….. (Attorney) Signature…………………………………..
NB: All correspondences should be directed to the above address.
ABC Attorneys at Law
150 W 7th St.
New York, NY 1003
November 19, 20..
Mr. Michael Strain
Boxer Construction Ltd.
201 Ann St.
Newburgh, NY 12550
Re: Demand Letter for payment of Dept
On behalf of our client Hopman Supplies Ltd, we at ABC Attorneys at Law are writing to inform you of an overdue payment owed to our client.
According to the construction materials invoice agreed upon by you and our client, you owe $10,400 for materials plus delivery.
This payment is currently 120 days overdue which, consequently, will result in interest charges applied to the delivery charge.
Hopman Supplies Ltd charges 2% interest per 30 days, which is a reasonable percentage for the inconvenience.
Therefore, you will be charged an additional $550.80 for the 120 days currently overdue, bringing the total amount owing to $10,950.80.
This letter serves as the final warning for overdue payments.
If payment is not made within 14 days, we will have no choice but to take immediate legal action. Please contact our firm at (212) 719-8589 if there are any questions regarding this demand.
……………………………….. (Attorney) Signature…………………………………..
To write an effective personal injury demand letter, make sure you have ascertained the value of your personal injury claim in monetary form to make your demand clear and justifiable.
According to Injury Claim Coach, the value of your slip and fall injury is largely based on the total of your “hard costs” like medical bills and lost wages, with an amount added to account for your pain and suffering.
Louis W. Grande a personal injury attorney, is advising that
Immediately after a slip and fall, try to document everything…Take photographs of the scene, the area where you slipped, and what caused the injury…When you seek medical treatment, make it clear that your injuries resulted from the incident, and describe the incident in detail.
The following is a list of supporting documents you should submit with your personal injury demand letter.
These documents can be extremely beneficial to your case and boost your chances of obtaining a favorable settlement.
The following is the sample demand letter for a general personal injury claim.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[His or Her Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (Include this only if you have previously been assigned a claim number and have received correspondence regarding the matter.)
Date of Loss: [the date when the accident or incident that resulted in your injuries happened]
Dear Mr./Ms. [Name of Claims Adjuster]
Accept this letter as my official request for reimbursement following my slip and fall at your insured, [place where you get injured], as per our earlier correspondence on [date of your previous correspondences].
I’ve recently finished recovering from the injuries I incurred after my slip and fall during the last two months. As you know I was departing the [name and place of injury] when I slipped on a large patch of black ice on the pavement outside the front door. [name of the defendant] is accountable for the accident and any bodily and financial stress that resulted from it due to their disdain for the pipe that caused the ice, their absence of a slip-resistant entryway mat, and its failure to warn consumers of the hazard.
I was leaving the [name and place of injury] with my purchases on [time and date]. My feet slipped on [how did you slip] just a few steps outside the front door, and I collapsed. Even though the [object that caused you to slip] was only a few feet from the door, there was no warning sign, no slip-resistant mat, and no other indication of the danger. My lower back, sacrum, and left wrist were all in excruciating pain as a result of the incident.
I was carried by [name of the transportation] to [name of the hostipatl] after the accident because I was unable to walk. Dr. Cheryl Albright assessed me. Following [insert medical examination conducted]. A [outcome of the examination] was discovered. I was ordered to stay at home for [time to recover] to enable my injuries to heal, and [name the medicine] was prescribed for the discomfort.
My medical bills are attached, which detail the expense of my treatments in further detail.
Total expenses [insert figure]
[add any other loss of expectation for being injured for example I was in a lot of agony and suffering during my month off from work, so I had to go to the doctor a lot. I was not only deprived [insert amount] in salary, but I was also unable to live a regular life due to the physical limitations imposed by my broken tailbone. As a result of these factors, I am seeking [insert amount] in damages.]
I anticipate receiving a quick response within 30/45/60 days of the date of my correspondence.
[Signature]
[your name]
The following is a personal injury demand letter based on a slip and fall claim at a store
Jullian Kenzo
116 Sunset Grove
Fontana Beach, FL 00000
December 01, 20..
William Smith
Claims Adjuster
Eco Risk Insurance Company
1000 Causeway Boulevard
Miami, FL 00000
Re: Your Insured, Timberland workshop Investments
Claimant: Jullian Kenzo
Claim No.: T11111 PX
Date of Loss: May 27, 20..
Dear Mr. smith
Accept this letter as my official request for compensation following my slip and fall at your insured, Timberland workshop Investments Store, as per our earlier correspondence on May 30, 20…
The accident occurred on May 27, 20.., around 6:00 pm when I existed at your insured store located at 6000 Palm Avenue, Miami. Outside the front door, I fell on a huge patch of black ice on the sidewalk.
Timberland workshop Investments is accountable for the accident and any bodily and financial stress that resulted from it due to their disdain for the pipe that caused the ice, their absence of a slip-resistant entryway mat, and their failure to warn consumers of the hazard.
My lower back, sacrum, and left wrist were all in excruciating pain as a result of the incident.
I was rushed by Ambulance to Miami Hospital after the accident because I was unable to walk. Dr. John Mark assessed me.
A fractured tailbone and a hairline fracture in my left wrist were discovered. To allow my injuries to heal, I was ordered to stay at home for a month.
My medical bills are attached, which show the expense of my treatments in further detail.
Ambulance: $329.00
Miami: $476.00
Dr. John Mark: $610.00
X-Rays: $622.00
Prescription Pain Medication: $198.00
Follow-Up Visits: $576.00
TOTAL: $2,811.00
I was in a lot of agony and suffering during my month off from work, so I had to go to the doctor a lot.
I not only lost $5720.00 in income, but I was also unable to live a regular life due to the physical constraints imposed by my broken tailbone.
As a consequence, I am seeking $21,000 in damages.
I hope to receive a timely response no later than 30 days from the date of receiving this correspondence.
[Signature]
Jullian Kenzo