Demand Letters In Tulsa, OK
A demand letter is a tactic to induce a person, or a company, to act or to make a payment. Demand letters are written by the party that believes it has been wronged by the inaction of the another. The language within a demand letter gives an indication of the seriousness of the claim.
Ignoring a Demand Letter
It is never advisable to ignore a demand letter, no matter how frivolous the claim is perceived. It is advised to respond to a demand letter in writing within the time period specified in the letter. A professional response will set the tone of future interactions and will establish the seriousness of the claim by the recipient even if the legitimacy of the claim is questioned.
The response to a demand letter can save stress by timely addressing outstanding matters.
Validity of the Claim
The honest assessment of the claim is necessary, and it is this assessment that will guide the response. Any discrepancies within the claim should be specifically addressed and countered with mitigating facts.
Understanding the Motivations
The language within the demand letter and the response establishes the motivations of each party. The letter may contain language set to intimidate and motivate compliance. A professional response will set the tone of future interactions.
A demand letter that remains unanswered will seem that the recipient of the letter does not take the claim seriously or lacks the wherewithal to seek legal counsel. The strong language within the demand letter is an experiment of the threats.
Whether the response is drafted by an attorney or by the recipient, the response needs to be factual, pertinent and supported by merit. The use of forceful language is not necessary or advisable. The response alone is achieving the motivation behind the demand letter.
If an attorney is retained to draft the response, be sure the attorney knows and understands the history and the facts of the claim. If the response is factual and non-threatening, there is a very good chance that the sender of the letter will opt to work toward a settlement rather than pursuing formal legal action.
Verification of Receipt
The sending of a response to a demand letter should always be by a method where a receipt can be tracked. If the response is via e-mail as directed in the letter, always send a follow-up written response as the “formal” response. The evidence of tangible verification is important for documenting a timely response and a timely receipt.