A demand letter is a formal notice demanding an individual or a business to perform a legal obligation such as paying a debt or restitution, or acting on a contractual commitment, among others.
A demand letter may be necessary before taking legal action. Demands in writing, especially from an attorney, can be very effective and sufficient to motivate the demanded party take action to avoid litigation.
Why a Legal Demand Letter?
Although anyone can send their own demand letter, there are significant advantages to having a firm like Candamo Law PA send the demand letter instead:
- It is often legally required prior to litigation; thus, it demonstrates the seriousness of the demand
- We include pertinent information about laws and statutes that might provide the ability to collect certain fees
- A letter from an attorney typically carries more weight that one sent from a business or individual, and can motivate a faster and cheaper resolution for all parties involved.
How Expensive is it to Send a Demand Letter?
Sending a demand letter can be an extremely cost-effective way to collect a debt or find an amicable resolution to business disputes. However, attorneys usually charge hourly or require high retainer fees up-front. At Candamo Law PA, we can prepare demand letters as a one-time service for a small flat fee, or for our clients on retainer, on a regular basis as part of their monthly services.
Most companies and debtors want to avoid costly, long court battles and often when a creditor sends a demand letter, payment follows quickly. By choosing a reputable and experienced law firm, the odds of debt recovery or conflict resolution greatly increase. We are corporate litigation attorneys, so when a recipient of our letter receives a demand, they will know that our next step most likely will be filing suit against them if they do not comply.
Demand Letters and Florida Law
Depending on the industry or specific terms of a contract, demand letters may have to comply with specific requirements. For example, a party wanting to initiate a lawsuit against a motor vehicle dealer must comply with all of the demand letter requirements in Fla. Stat. § 501.98. It's important to hire an experienced attorney to review and advise on your matter to be sure the demand letter complies with all statutory and contractual requirements.