What is a Demand Letter?

March 3, 2021
Kaitlyn Jacobson

A demand letter is essentially a legal courtesy sent to the opposing party, requesting that they perform a specific action.

When do I need to send one?

A demand letter can be sent when the opposing party is required to perform an action or obligation. For example, if you are involved in a breach of contract case, you might want to send a demand letter requesting that the opposing party fulfill their legal obligations as specified in the contract. This will take place during the first stages of the litigation process and precedes further legal action. It is important to note that a demand letter is completely optional and is not a required step in filing a Complaint or making a legal claim.

How do I send a demand letter?

There is no formal requirement as to how your demand letter is written or delivered. It may be sent as a printed letter, or an emailed document. It is recommended that the person requesting action allow their attorney to draft and send the demand letter on their behalf. The letter will consist of concise facts regarding the case and specify the actions you would like to be completed by the opposing party. The demand letter will include a deadline and conclude with your intentions to pursue further legal action should they fail to complete their specific obligations outlined in the demand letter. Generally, people are more likely to respond to a demand letter when sent by an attorney’s office.

What do I do if I receive a demand letter?

If you receive a demand letter, it is important that you respond professionally and in a timely manner. Upon receiving a demand letter, it is to your advantage to consult with a skilled attorney to add legitimacy and legal representation to the situation. An attorney will then draft a response as you discuss the specifics of the situation and determine the best way to proceed. Options include, complying with the letter’s demands or challenging the legitimacy of the claims.

Why contact an attorney?

When an attorney drafts or responds to a demand letter on your behalf, it adds legitimacy to your claim and ensures that you have consulted with a professional who is well versed in laws and statues applicable to your issue. An attorney can offer you legal advice tailored to your specific needs which will become an invaluable resource in dealing with a demand letter.

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