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How to write a demand letter
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how to write a demand letter
writing a demand letter sample
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How to write a demand letter

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Nothing herein constitutes legal advice or a legal opinion and no attorney-client relationship is created unless expressly stated.  Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately. Attorney licensed in California state and federal courts and engages in FINRA securities arbitrations nationwide.  

How to write a demand letter

 

While you should always have an attorney write a letter of legal significance, here are a few basic points to keep in mind in what to look for. Please note that none of this is legal advice or legal opinion, and you should always have your lawyer write a demand letter for you.

 

First, know the goal of your letter. You must know what you want to accomplish. You must express it clearly and concisely. And, you must do so early on in your letter. Many people are busy and don’t spend more than 30 seconds to a minute on a letter. In that time, they want to assess what you want and what their best course of action is. If they’re not able to, your letter goes nowhere, which may force unnecessary litigation.

 

Next, you must know who can help you accomplish what you want to accomplish. You must know whom you’re communicating with, whether it’s a person, a business, a corporation or other organization, or a government agency. If it is a person, company, organization, or agency that you are doing business with, research the terms of your relationship, any prior agreements, any requirements, and anything that governs your communications, interactions, rights and responsibilities beforehand. These may include laws, set procedures, terms and conditions, or other agreements you may have. You should also know how whoever you’re communicating with wants to receive communications such as yours.

 

Do not state anything that is factually untrue. Do not defame anyone, do not commit, slander or libel, or violate any of the other countless laws that may apply to your letter. There are specific laws regarding debt collection practices, communicating regarding past, present, and future employers and employees, or other laws, statutes or agreements that may apply to the subject matter of your letter.

 

You also want to be careful stating facts that may be in your disinterest, that you may be unsure about, or that may work against you, if stated. To know how facts affect you and your rights, you must know the law in terms of your relationship.

 

You must know why the person receiving the letter is going to do what you want to do. People only do something when they want to. It must be their job or in their interest to do what you want them to do. If you can explain to them why they should, you have a good chance of receiving your desired outcome.

 

Finally, know the next steps beforehand. As an attorney, I never send a letter without knowing ahead of time what is going to be my course of action if it is ignored or rejected. As an attorney, I also never threaten legal action unless I am planning to carry it out and know the next steps. 

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