If you are facing a legal problem, and you have already tried other methods to solve it and are considering taking to someone to court, you may send a demand letter notifying the person of your intent to take legal action. A demand letter begins the negotiation process with the aim to settle the legal dispute without going to court:
Demand letters usually attempt to convince the recipient that their chance of success in litigation is low or that the expense, time commitment, and inconvenience of litigation is too high. Demand letters can be particularly persuasive when they contain legal, practical, and emotional arguments. To craft a compelling argument, it is important for the letter writer to be familiar with the recipient’s interests and goals, and to adapt the tone and content with the reader’s perception in mind.
Image: Pixabay.
Common legal problems where a demand letter may be useful include cases of small claims, landlord or tenant issues, debt collection, or contract violations. There is no requirement for sending a demand letter prior to filing a lawsuit mentioned in the Texas Rules of Civil Procedure. However, some courts may require you to send a notice to someone of your intent to pursue legal action before you initiate a lawsuit.
The following five free online resources provide useful information for drafting a demand letter. These resources are provided as legal information only; the Law Library does not endorse any private attorneys or law firms.
Drafting Legal letters/Notice (includes example letter format)
How to Write a Cease and Desist Letter to a Debt Collector (includes sample letters)
Forms — Texas Tenant Advisor (links to several demand letters for tenants)