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Frequently Asked Questions about the Letter of Demand
Can I rely on the Advomi Letter of Demand?
Can I have the Letter of Demand sent by a lawyer on my behalf?
Yes, you can. If you want to enhance the effect of the letter on the recipient, you can send it through lawyers accessible via Advomi. For this or any other additional service regarding the Letter of Demand we will facilitate direct connection with a lawyer.
Essentials of the Letter of Demand
The Letter of Demand (LOD) is not a formal court document. It does not automatically start a lawsuit if the demands are not satisfied. A court proceeding is initialized with a writ of summons and the LOD is not a prerequisite for court action. The LOD is often used in court to prove that the claimant has made reasonable attempts to settle the matter out of court.
Letters of Demand are often sent by lawyers on behalf of their clients. This further enhances the effect of the letter since it is widely considered that hiring a lawyer usually precedes court actions. However, engaging a lawyer or a law firm merely for the purpose of sending the LOD is not mandatory.
Common Contents of a LOD
There is no strict form provided by law for the Letter of Demand but certain requisites of the document have been established by the practice:
- The identities of the claimant and the recipient;
- The nature of the claims against the recipient;
- A description of the matter from which the obligation of the recipient arises;
- A reasonable deadline for the recipient to satisfy the demands in the letter;
- A threat for legal actions if the demands are not satisfied
You should try to be as precise as possible, especially when explaining exactly what you want. In some cases, it may be wise to also express a willingness to negotiate with the recipient and to seek further settlement of the matter.
A common practice is for claimants to attach copies of supporting documents to the letter, i.e. invoices, bills, etc.
When to send a Letter of Demand
As mentioned above, sending a Letter of Demand is not a prerequisite for commencing legal action against the recipient. If the latter disputes your demands in general or partially, the LOD serves little to no purpose at all. However, if the demands are undisputed, the Letter of Demand may force the recipient to satisfy them promptly in order to avoid huge litigation costs.
LODs are also a useful tool in contractual relationships. If you anticipate that the debtor will breech an agreement or contract you can also send them an LOD.
Make sure to keep a copy of the LOD and, if possible, to obtain a prove that the recipient has received the document.