A Letter of Demand is a letter usually issued by lawyers on behalf of their clients, setting out their clients’ demands for the recipient of the letter to comply with. It is typically reinforced with the threat of legal action (litigation) if the recipient party fails to comply with the demands in the letter. If the matter remains unresolved, the next formal legal step may involve filing a writ of summons, which officially commences court proceedings and signals the intention to pursue the claim through litigation.
If you get this letter:
⦁ Stay Calm: It’s just a first step, not a court decision.
⦁ Read it Carefully: Understand what they’re asking you to do.
⦁ Talk to a Lawyer: Get advice on what steps to take next.
⦁ Reply Quickly: Don’t ignore the letter. If you want to discuss or disagree, let them know within the time they give.
A Letter of Demand may be issued when one party is wronged by another; for example, when one party fails or refuses to do what he/she was required to under a contract, when one party fails to repay a loan etc. Before a Letter of Demand is issued, it is important to consider the following:
⦁ Get a Lawyer’s Help: A letter from a lawyer is taken more seriously.
⦁ Be Clear: Say what the problem is, what you want and when you want it done by.
⦁ Keep a Copy: Always save a copy and proof you sent it.
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