How to Write a Notice of Intent to Sue
Kimberlee Leonard reports:
"Before suing, write a demand letter called a Notice of Intent to Sue following standard business letter formatting...Business letters use block formatting. This means all paragraphs and blocks of information align with the left margin. Use one line space between blocks. All margins (top, bottom, left and right) are 1 inch. Use the first block of information for the sender's contact information followed by the date, then the recipient's block of contact information. Then include a subject line informing the recipient of the reason for the demand letter. Use a font size between 10 and 12 with simple and professional typesets such as Arial or Times New Roman...A demand letter usually comes after several other layers of correspondence between the sender and the recipient, all of which have yielded no resolution. Clearly state the reason for the letter. Describe how the other party has failed to meet legal expectations and obligations...At the very least, the Notice of Intent to Sue demands remuneration for costs already spent, such as refunds. Also, state financial damages incurred where those are applicable...Communicate your demands clearly, including the desired financial remuneration, contract termination and timeframe for resolution. State that the next step is a lawsuit if the matter isn't resolved within a specific time. Keep the letter short and professional, refraining from emotional comments. Lawsuits are expensive, so keeping the demand professional creates the best opportunity for a positive response. Make sure the letter is addressed to the proper person in the right department. Decide whether or not to include enclosures documenting the situation. Should the matter go to court, it might be best saved for the case as evidential documents for the courts to review. And, remember to sign and date the letter...Anyone can write a Notice of Intent to Sue; it doesn't need to come from an attorney. Business owners can write their own demand letters. Some organizations do have an attorney draft the letter as a strong-arm tactic in an attempt to force the recipient to settle before an expensive lawsuit ensues. An attorney's letter tends to have a stronger tone and might even cite basic case law to make the point that his client is in the right. For non-attorneys, the demand letter shouldn't be as strong. The tone should be assertive, but not so threatening that the recipient will choose to ignore the demand and instead fight it out in court."
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