How to Write a Letter of Demand? It’s Meaning & Consequences

How to Write a Letter of Demand It's Meaning & Consequences

Different Law courses are grabbing the attention of a lot of students these days. However, students are unaware of a few basic things in this field and need to in-and-out of a few things to become successful lawyers. The letter of demand is one such component that needs a lot of focus as writing one such letter is considered one of the most prominent facets of a lawyer.

The letter of demand is something that indicates how good a lawyer is. Students are asked to give stress to writing such letters in their course duration as well. If you are a newbie to law studies, you must continue reading this blog assimilated by experts of AllAssignmentHelp as it will help you big time with the specifics of a letter of demand.

What Is a Letter of Demand?

It is a formal letter from an attorney generated on behalf of a client. It is usually prepared with the motive of demanding some kind of payment or some other action from the opposing party. A letter of demand is not a legal compulsion in most of the cases. But, it is always served before filing a suit.

In simple terms, it states the following major elements:

  1. What kind of action or payment is demanded
  2. For what reason the action or payment is demanded
  3. In what ways the action or payment may be affected
  4. What is the time limit for taking action or releasing payment

A letter of demand may or may not carry a slight or bold threat to the opposing party that if the demands are not looked into a court case can be filed and consequences may follow.

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Why Is a Letter of Demand Sent?

The reason for sending a demand letter is straightforward to understand and you will understand the same in the very first reading.

Such a letter is sent when:

  • A person, say a client has tried for receiving the invoice, but the efforts resulted in nothing. This means once you have tried unsuccessfully to get the invoice paid takes shelter of a letter of demand.
  • It is a kind of warning to the other party for non-payment of the invoice as it is served with a motive that it is time to take a serious step and get into legal proceedings.
  • It is also considered a final reminder letter. This is because it tells the receiver to settle down the matter or else legal consequences will follow.

The concerned person is free to draft a letter of demand on his/her own. Though, people prefer lawyers for doing such tasks, as they are habitual in doing the job and are less prone to mistakes. So, you can try to draft a letter of demand related to a random case study from your coursebook and see how you make it.

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What Is the Right Time to Send a Letter of Demand?

The letter of demand is considered the final reminder letter, which implies that it is not sent to the other party in a single go. You can consider it a final warning as well, which is not given in the first incidence.

Things to know when sending the letter of demand:

  • Before drafting a letter, it is very important to deliver reminder letters to the concerned party.
  • Usually, two to three reminder letters are sent before a letter of demand.
  • A letter of demand is a bit expressive it deals with all the details including how much is owed, what for, and when the invoice is required to be paid.
  • It may also carry a warning that the receiver will have to face legal action if the said invoice will not be cleared or the needed action will not be taken by the specified date.

Serving a letter of demand leaves little or absolutely no room for compromises between the parties, which means long years of litigation. This is the reason why a letter of demand is not served in the first place.

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The Tone of a Demand Letter

Drafting a letter of demand is something that you consider a responsibility. After becoming a lawyer you might have to write such letters on behalf of your clients. Hence, it is necessary to check out the relevant aspects before writing.

Following are the pointers you need to consider while drafting a letter of demand:

  • Focus on the particulars of the matter of dispute
  • The letter of demand typically inherits a warning, but it does not necessarily contain harsh language. So, before choosing the words analyze the relationship between your client and the other party.
  • The nature of a demand letter depends upon the nature of the case and the relationship between the parties.
  • You need to understand that it depends on how both parties want to conduct with each other.

As a lawyer, when you follow these pointers while drafting the letter of demand, it helps in maintaining the relationship between the sender and the receiver and you bridge that must-needed gap for the business conversation to settle the dispute.

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Things to Keep In Mind While Drafting a Letter of Demand

While making a demand letter, many things must be considered. 

Take a look at the following pointers, when you prepare one:

1. Quote

In order to draft a letter of demand one of the basic thing you must come up with is the quote on the basis of which you are going to ask for the payment of the invoice. As we already know that a letter of demand deals with the failure of payments, it must contain the right figure of the amount not paid by the other party. You will have to state clearly what amount is pending and in which form.

2. Evidence

Do not forget to keep all the necessary details with you. If you are quoting a certain amount, you must have appropriate evidence to show your claim right. Usually, receipts and mutual contracts help a lot in this regard. Be prepared for adverse effects if you are going to prepare a letter of demand without backing it with apt evidence. It can strike you back at any stage.

3. Stick to the facts

I know I have told you enough about how the tone of a letter of demand needs to be managed. This point talks about similar things. With the intention of keeping things either subtle or aggressive don’t involve emotional language. Yes, you have to think about your client’s relationship with the other party, but this nowhere means that you should use emotional language – you must talk about the facts and stick to them.

Here is a checklist that you must go through before finalizing a letter of demand.

Make sure that your letter consists of :

  • Amount of the debt
  • Date the debt was due
  • Date of the Letter of Demand
  • A detailed description of the debt (what the money is owed for, etc.), and
  • Every needed relevant evidence such as contracts, invoices, emails other written agreements

And you must be aware of any:

  • Claim amount limitations (must include the minimum and maximum dollar amounts)
  • Time limitations for claiming a debt

All the above-mentioned pointers must be considered when you are working on writing a letter of demand. It takes time to create a hard-hitting letter and this also requires a lot of practice to make a letter very strong. With time, you will be able to create such letters that have the power to settle client disputes out of court.

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Structure of the Letter of Demand

Yes! It can be an informal piece of writing as well. Mostly, people prefer to follow a definite structure. I will suggest you do the same too. This is because a neat and clear structure helps to keep the letter easy to understand and confusion-free.

The structure of a letter of demand:

Introduction

Just like any other letter, you start with addressing the relevant party, which is usually referred to as the party in breach. In the very beginning, you should necessarily state what the letter is all about.

Contract

Now, after the introduction part is written, this is time to summarise the relevant terms of the contract between both parties. It is always good to involve specific details as much as you can, such as dates, names of individuals concerned (especially the main party), times, relevant receipts, or bills.

With a view to ensuring the information is free from irrelevant stuff and easy to understand, you may like to showcase it in a tabular form. Do remember to list the major and minor terms of the contract. The document should make it clear that your client upheld to end of the contract and relied on the other party to do the same.

Breach of contract

Well, do remember, don’t just move to the details of the other party who is in breach of contract. Prior to this, outline the general law, you can start with specific legislation which is relevant to your matter.
Once you have mentioned the law, you can list the reasons to show how the opposing party is in breach of the obligations as per the law. Targeting the specific details is vital to make sure you include all of them.

Effect of breach of contract

After pointing out the other party as the breach of contract, now you should portray the effect of the same. A letter of demand must express all ways the breach of contract has affected your client.

Areas where the breach of contact is often broken:

  • Loss of money
  • Losing opportunities to earn money
  • Damage to property and goods

In all, the ways in which the breach affects a person depend on the particular circumstances.

Demand

A letter of demand must clearly show what the concerned party is expecting from the other party in order to rectify the breach. It should state how the other party is supposed to pay for the damage. It is best to revise the native law as it will show you all the possible remedies available.

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What Can Be the Consequences of Sending a Demand Letter?

It is very important to understand the consequences beforehand.

The key consequences are:

  • The major one is legal proceedings which may or may not result in enough benefits.
  • A lawyer must give keen thought to the need and way of sending a letter. This is because it can inflame a dispute.

However, the brighter side is that there are more chances that this action may recover a debt.

Tips for Writing a Good Letter of Demand

Typically, the demand letter is the key instrument for getting your clients’ invoices paid and avoiding any litigation in the future.

To make an impactful letter, you need to follow the below-provided tips:

  • Make sure that this letter is typically typed 
  • Mention the dispute-related specific details
  • Maintain a polite tone throughout the letter. It can be challenging doing this as your client is waiting for a very long time to get this payment, but consider the main goal of the letter (to get the invoice payment for your client, rather than bashing them or venting out the frustrations of your client) you need to set the tone lite
  • Mentioning a specific deadline for setting the payment
  • At last, in case of non-payment, it should mention the legal consequences as well.

When you are a professional lawyer, it is like a ‘piece of cake’ to write a letter of demand that comprises all the needed pointers. To reach that level of writing, you will need a lot of practice. However, with a load of assignments and classes in your law course, it can be tough to practice writing such letters. One smart option to grasp the writing style of such a letter can be hiring a law assignment help service and giving them the job of doing your assignments to get more time to invest in learning to write a letter of demand. 

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Conclusion

By the end of this blog post, we have discussed, what is a letter of demand, and why and how it is served. Hope you get that it is a document prepared either by the concerned person on his/her own or by the lawyer with the motive of claiming damage or pending payments from the other party. We have also discussed the way it should be written and the way it should be structured.

A strong and impactful letter of demand opens the gate to a proper settlement. When one knows the proper way of writing it, he/she is surely one step ahead on the way to becoming a successful lawyer.

Frequently Asked Questions

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