If you have received a demand letter, Mastanduno Law Group can offer ample scrutiny before you respond and acquiesce to the sender’s demands. Especially in business cases, we understand that an impending court battle is a worry. It could impact the reputation of your business. Furthermore, it’s important to know that all demand letters do not require a response. Some can even be scams, like we mentioned in our last blog post. Before you panic, rest easy knowing there are many ways to respond to a demand letter to reach the outcome you desire.
Before you talk to an attorney, take some time to examine the letter yourself and jot down some notes. There are a few questions to consider as you are re-reading the letter. For example, is the sender providing an accurate recount of the incident? You should revisit your memory and ponder if the incident actually occurred in the manner described or if the person might have proof of the alleged injustice. What is the amount of money that the sender is requesting? Would it be easier to pay the amount instead of including legal expenses? You need to weigh the financial risk of going to a court trial with the rewards of a negotiation.
Do not simply assume that you are in the wrong, because there is an opportunity to assert your rights. It is not wise to respond hastily to a demand letter because your words and actions can be held against you in court. At this point in the process, everything is open to negotiation. Some companies even send out demand letters all the time and never follow up. They hope that people will react to the demands to get what they want without costing their company money. You could choose to ignore those types of letters, but you still need to figure out if the demand is serious or not. If serious demands are ignored, the legal battle will only intensify. It also would be a good idea to keep the letter on file in case you will need to go to court.
An attorney consultation is most helpful because they can assess this demand letter situation very well. Lawyers understand the seriousness of the tone in this type of letter and the chances of success if your case goes to court. If the sender of this letter continues to pester you into litigation, Mastanduno Law Group can help you in that way as well.