When someone owes you money, damages your property or fails to hold up their end of an agreement, your first instinct may be to fire off an angry email or head straight to court. Often, a better first step is a clear, professional demand letter. It puts the issue in writing, explains what you want and gives the other side a chance to make it right.
Please note: eBurst Advocate is a civil legal consultant division of eBurst Services Inc. Our team members are not attorneys, and this article is general information, not legal advice. For advice about your specific situation, consult a licensed Florida attorney.
What a demand letter is
A demand letter is a written request asking another person or business to do something, usually pay money or take a specific action, to resolve a dispute. It is typically sent before any lawsuit is filed.
Demand letters are common in situations such as:
- Unpaid invoices or loans
- A contractor or vendor who did not complete the work that was paid for
- Damage to property
- A security deposit that was not returned
- A breach of a written agreement
Many disputes are resolved at this stage simply because the other side sees that you are organized and serious. In some types of cases, a written demand may also be expected or required before certain claims can be filed. Whether that applies to your situation is a legal question, so check with an attorney if you are unsure.
What a demand letter usually includes
A clear demand letter generally covers the following:
- Your contact information and the date. So the recipient knows who is writing and when.
- The recipient’s name and address. Use the correct legal name of the person or business if you know it.
- A short summary of the facts. What happened, when and where, in neutral language.
- What you are asking for. A specific dollar amount or a specific action.
- A deadline. A reasonable date by which you expect a response or payment.
- How to respond or pay. Make it easy for them to resolve the issue.
- A note about next steps. A calm statement that you may pursue other options if the matter is not resolved.
- Copies of supporting documents. Such as invoices, contracts, receipts, photos or prior messages.
Keep the originals of every document and send copies only.
How to keep it professional
The tone of your letter matters. Remember that a judge, mediator or the other side’s attorney may read it someday. You want it to show you as reasonable and organized.
- Stick to the facts. Describe what happened without exaggeration or name-calling.
- Be specific. Dates, amounts and invoice numbers carry more weight than general complaints.
- Keep it short. One to two pages is usually plenty. Let your attachments carry the detail.
- Avoid threats. Do not threaten criminal charges, public shaming or anything you cannot or would not do. Some threats can create legal problems of their own.
- Leave emotion out. Write the letter, wait a day and reread it before sending.
- Proofread carefully. Typos and wrong amounts undercut your credibility.
Sending and tracking the letter
Choose a delivery method that gives you proof the letter was sent and, ideally, received. Many people use a trackable mail service, and some also send a copy by email. Keep a copy of the exact letter you sent, along with any delivery confirmation.
Put your deadline on your calendar. If the other side responds, keep all communication in writing where possible, and save every reply. If they offer a partial payment or a different solution, take time to consider it before answering.
Common mistakes to avoid
- Demanding an amount you cannot support with documents
- Setting an unrealistically short deadline
- Including admissions or statements that could hurt your position later
- Sending the letter to the wrong person or an outdated address
- Ignoring the response once it arrives
If the dispute involves a large amount, complex contracts, personal injury or a business relationship you want to protect, it is worth speaking with an attorney before you send anything.
How eBurst Advocate can help
Through our civil document preparation service, eBurst Advocate can prepare a clean, professionally formatted letter using the facts and figures you provide in writing, organize your supporting exhibits and explain general procedure. If the matter later moves to court, we can help format filings to court rules, help you locate your docket and e-file documents you have signed.
Because we are not attorneys, we cannot give legal advice, decide what you should demand or which legal claims to make, negotiate for you or represent you in court. Those decisions are yours, ideally made with input from a licensed attorney.
If you are organizing a dispute and want help putting your information into a clear, professional format, book a free consultation or call us at (772) 356-3550.
