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Frequently asked questions
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A demand letter is usually sent when a person or entity places fault to an opposing party. The demand letter is used in many different cases, ranging from a simple dispute with a neighbor to a history of harassment. Note that you can also receive a demand letter if you have sold a property to a party who discovers a hidden defect. In this case, the demand letter will also include a notice of denunciation.
Several people think that receiving a demand letter involves a lawsuit. It simply means that a person or entity is putting you in obligation. The letter informs, in an official manner, what you are being blamed for and how the accuser hopes to resolve the issue. Although a demand letter is not mandatory in many cases, it may be used as evidence during a trial that the other party has informed you of the dispute before commencing legal proceedings. Therefore, it is imperative that the receiver understands the gravity of the situation.
The demand letter may be the first step before a person decides to sue you, but in itself is not a legal proceeding and therefore does not imply that you are being sued in court.
Whether the demand letter is justified or not, it is best to remain calm and to not contact the sender in anger because it could make your case worse. Instead, read the letter and the facts presented. In any case (if you agree to do what he / she asks for, negotiate, or refuse its clauses), we advise you to follow up the demand letter in writing and send it to the other party through a registered letter to keep a proof of all of your exchanges. We also advise you to consult a lawyer to read the demand letter you received and to write your reply, especially if you intend to dispute it.
It will depend on your response to their demand letter, if you accepted their request, made a counter-offer, or refused any agreement. At this point, they may decide to end the conflict, or open a case with the Small Claims Court. However, do not worry, as several options are available for you in this case. Do not hesitate to contact Neolegal to discuss them.
Yes, of course! You can choose the option of sending by registered letter when making your purchase, or you can speak to your lawyer if you prefer to have the demand letter delivered by a bailiff. The fee for bailiff services will depend on the location of your opposing party.
A bailiff is a ministerial officer responsible for serving letters, court decisions, or extrajudicial documents. Sending a demand letter with a bailiff may increase credibility to your request.
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