A demand letter from an attorney is an official notice sent by a lawyer or firm on behalf of a client to request action or that something be paid or returned. It outlines the conditions set by the client for the recipient, issues the demand, provides a date for the response, as well as the consequences of non-compliance. In the event of a trial, the letter can also be used as evidence in court.
If you wish to send someone a serious warning, an attorney demand letter is the most effective way to go. It communicates to the reader that there will be legal consequences should they fail to respond to or honor your demand. In this article, we highlight all you need to know to draft this letter.
Types of Demand Letters an Attorney Can Send
Your attorney can write many demand letters on your behalf, and the choice will depend on your needs. Some of the options you can discuss includes:
- A breach of contract demand letter
- A settlement demand letter
- A medical malpractice demand letter
- A personal injury demand letter
- A personal property demand letter
- A pending litigation demand letter
- A debt collection demand letter
Benefits of Sending a Demand Letter from an Attorney
Sending a Demand Letter from Attorney may save you the trouble and stress of going to court, mainly because it contains a letterhead that says you mean business. Other benefits you may enjoy from drafting this letter include:
- An attorney will ensure the demand letter is worded professionally and can be used in court
- The letter sets out a plan for collecting your debt
- The seriousness and legal consequences of the letter promotes settlement
- Drafting the letter helps you organize key aspects of your case, including relevant evidence
What to Include in a Demand Letter from Attorney
If you wish to avoid going to court, you will need to convince the recipient of your letter that it is in their best interest to respond positively. You will also need to do this as fast and efficiently as possible, while keeping your message short and to the point. Here is what you should include in your letter:
- Demand description – Mention why you are writing in detail. Does the reader owe you a debt or are thy in breach of a contract?
- Preferred solution – Provide the reader with things they can do to solve the mentioned problem.
- Alternatives – In the event the reader cannot meet your demands on time. offer them an alternative that is acceptable to you.
- Timeline – Provide a timeframe within which your reader should respond and mention the consequences of non-compliance.
Demand Letter from Attorney (Format)
{Date}
{Recipient’s Name}
{Recipient’s Address}
{City, State, Zip Code}
Re: {Nature of Demand}
Dear {Mr./Mrs./Ms. Last Name},
The {law firm name} is writing this letter on behalf of {client’s name} and in regards to {mention reason for writing}. On {date of incident}, you {mention the reader’s actions that inspired the letter}.
Our client is requesting {indicate nature of request} to remedy the situation. We will expect a response by {insert deadline}, without which we will be free {provide consequences of non-compliance}.
If you have any questions, contact us at {contact information}.
Prompt attention to this matter will be appreciated.
Sincerely,
{Attorney’s Name}
{Law Firm Name}
{Attorney’s Signature}
Sample Demand Letter from Attorney
20 March 2031
Kevin Baker
Baker Industries
100 Fairyland Road
Little Rock, AR 0990
Re: Breach of Contract
Dear Mr. Baker,
I am writing this letter on behalf of my client, Joy Higgins, with whom you entered into a contract on 12 January 2030. The contract, titled Higgins-Baker NDA, states that you shall not disclose your business interactions with Mrs. Higgins to anyone outside her company.
On 12 March 2031, you mentioned your business transactions with Mrs. Higgins in an interview on national television. This is in direct violation of the signed agreement.
I have attached the financial statements to show that you owe Mrs. Higgins $400,000 in damages. You are expected to respond to this demand no later than 1 April 2031, failure to which my client will pursue legal action against your company for breach of contract.
Prompt attention to this matter will be appreciated.
Sincerely,
Irene Montgomery
Attorney, Law Offices of Montgomery
Demand Letter from Attorney (Word Template)
Bottom Line
The demand letter from attorney demands immediate action because it carries serious legal repercussions. Because of this, and the fact that it could be used in court, it should always be drafted in professional and formal language. Avoid using aggressive or defamatory language as it could ruin your chances of a positive outcome should your case go to trial.
