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Why A Well Drafted Letter of Demand Can Get You Results

A letter of demand is a letter, usually drafted by lawyers, to assist the sender in making a legal claim against the recipient of the letter. While anyone can usually draft a letter of demand, a lawyer can assist in pinpointing the legal issues at hand and in providing clarity to the type of demand that are feasible and are due recoverable by the due process of the law. A letter of demand from a lawyer can also demonstrate clearly that the sender of the letter of demand is serious and is willing to take legal action to resolve the matter.

The letter of demand, therefore, must be able to show your intention, your demand and your resolve in the settlement of the matter at hand.

How does a letter of demand work?  

The letter of demand will set out the claim from the sender to the recipient. While a letter of demand is generally for a claim for the monetary sum due and owing, a letter of demand can also be used to:

  1. To carry out an obligation that had been previously agreed upon;
  2. Ask the other party to refrain from doing something;
  3. To ask for assurances when the sender is anticipating a breach of contract; or
  4. To request for clarification.

Is a letter of demand necessary?

Letter of demand is not necessary to initiate legal action against the recipient of the letter. However, it is usually highly advisable to issue a letter of demand to attempt a final effort to settle the matter amicably before proceeding with further legal action.

Why letter of demand (instead of legal action)?  

A legal suit is expensive and time-consuming. A letter of demand can potentially save the sender a lot of legal costs if the recipient of the letter of demand complies with the demand, or initiated a settlement with the sender.

A letter of demand can also be seen as an effort taken by the sender to attempt to settle the matter amicably with the recipient before resorting to legal action. This can help the sender to look reasonable and sincere in the eye of the court.

Why engage a lawyer to send a Letter of Demand?

Before proceeding with a Letter of Demand, it is advisable to seek legal advice in respect of your claim to understand the viability of your matter. The due process of the law can recover not all claim or action, and as such, it will be best to ascertain the strength of your claim before proceeding. The lawyer can also assist you to give you a better understanding of the outcome of your matter if you choose to proceed to issue the letter of demand.

A lawyer may also assist you in providing a clear and reasonable claim in your letter of demand to help in any possible amicable settlement with the recipient of the letter of demand. A letter of demand from a law firm can also demonstrate the seriousness of your claim and your willingness to take legal action to resolve the matter. Following the issuance of the letter of demand, the lawyer can also advise you on the best steps to take after the letter of demand has been issued.  

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Can a Recipient ignore the letter of demand?  

It is usually not advisable to ignore a letter of demand, especially one that is sent by a lawyer or a law firm. As a letter of demand is a strong indication of further legal action, silence will be deemed as denial to the sender’s claim. It is therefore highly advisable to respond to a letter of demand or run the risk of the matter proceeding to the court.

What happened after a letter of demand is sent?

A good letter of demand will usually provide a deadline for a response from the recipient of the letter.

The recipient will usually reply to the letter of demand by suggesting a settlement with the sender. The senders then can counteroffer or accept the recipient suggestions. The back-and-forth process may continue until parties can find an agreed position. However, if parties are unable to agree, the sender may then consider proceeding with further legal action.

If no response is obtained from the recipient at the end of the deadline, the sender may wish to consider taking further legal action against the recipient. At this juncture, it is highly advisable to seek legal assistance and legal advice before proceeding further as the tremendous cost may be incurred from here onwards.

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CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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