Although you are prepared to file a lawsuit, you are unsure what to do first. Even with legal representation, sending a demand letter is a wise first move. No one wants to go to court if a dispute can be settled amicably. Because of this, the negotiation process for most disputes begins with sending a demand letter. If your efforts to determine the conflict fail and you choose not to meditate, you can address the issue after sending your settlement demand letters by filing a case in small claims court.
What Is a Demand Letter?
A demand letter is written when a case is prepared for court. It argues that you are the plaintiff (the one who has suffered injury) and will bring legal action against the defendant. Plaintiffs write demand letters to inform the defendant of the damage they have done, the remedies they seek, and their intention to file a lawsuit.
A small claims court lawsuit involves more than just filling out the complaint. You'll need to provide evidence to support your claims. You will state your stance and give the arguments supporting it in your settlement demand letters. By doing this, you'll be able to more thoroughly consider all the elements of your case, such as the relevant facts, legal requirements, and supporting documentation. Should the need for litigation occur, you will be more prepared.
Complete and In-depth
Describe what happened, beginning at the beginning. Include specific dates, numbers, and dollar amounts. If you can provide details regarding letters, you wrote when bills were issued and how a judge in small claims court reading your demand letter is more likely to grant you money. You must provide evidence that the work was not completed if you hired someone to perform a task but failed to meet it.
Don't be rude or slur the other person. Be direct and composed, and leave your emotions out of the descriptions. The defendant should be addressed as “the defendant” or “Mr. [last name].” You may say that if you're furious, being angry won't solve anything. Your case will benefit from your candour, professionalism, and clarity.
Request What You Want
Remember that wanting a little more is expected, so you have room to haggle. A cunning adversary will assume that you did that. Set out any losses you incurred, including the cost of hospital appointments, missed income, repair expenses, and property damage, to demonstrate how you arrived at this amount.
Consider Your Reader
Write your demand letter with the person who will be reading it in mind. When attorneys utilise “legalese,” a common practice, people might become worried and confused. You may use standard business jargon if your reader is a businessperson. This is why professional virtual paralegal services can help.
To Sum Up
Frequently, the other party may reply with a denial letter arguing why you are mistaken and that they are correct. Don't let it bother you. With your attorney, determine how you will address the rejections in court using the information in that letter. In rare circumstances, the other party may counterclaim against you, charging that you were also in error. This is why hiring virtual paralegal services is essential.