Should I Send a Demand Letter Before a Lawsuit?

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Sending a demand letter can help you reach an agreement without going to court.

Summary: A demand letter is a formal request to reach a settlement or agreement over a dispute, and failure to respond will result in filing a lawsuit. Writing a formal demand letter before suing is not always a requirement. But there are significant advantages to doing so.

You may not have to send a demand letter to the person you are suing. The lawsuit will still go through, and you could win if the judge decides you have a case.

Even then, you will have a better-organized court case if you write a demand letter first.

In this article, we will discuss the following pros of sending a demand letter before a lawsuit:

Shows your seriousness about the matter
Shows that you are willing to solve the issue (It is proof of good faith)
Promotes quick settlement (saving you time and money)
It can be used (for or against you) in court

But first, what exactly is a demand letter?

What is a demand letter?

A demand letter is a formal letter you send to another party asking them to stop doing or start taking a particular action. For example, before you sue a landlord for constructive eviction, you can write a letter informing them to compensate you before a deadline. Their failure to do so could lead to a lawsuit.

There are endless forms of demand letters. For instance, you can send the Fair Debt Collection Practices Act (FDCPA) 's "Cease and Desist" or "Refusal to Pay" letters to debt collectors. You can also use a demand letter to warn a contractor that you plan to sue if they do not repair the damages they caused in your house.

Let’s explore an example of a demand letter.

Example: Joe hired a contractor to remodel his kitchen. The contractor used sub-standard materials despite a clear contract that spells out the type of materials to be used during the project. The materials clearly did not meet the specifications of the contract, and the installation lacked standard craftsmanship. Joe has made several attempts to resolve the issue, but the contractor is unresponsive. Joe refuses to pay the final half of the contract and instead sends a demand letter detailing the issues, along with his attempts to work out a resolution. Once the contractor receives the demand letter stating Joe’s intent to sue if the problem is not resolved, he contacts Joe to work out an equitable resolution.

Write an FDCPA demand letter.

Why should I send a demand letter before a lawsuit?

A demand letter gives you an upper hand in so many ways.

A demand letter shows that you are serious

Communicating with your opponent through emails and phone calls is fine. But if you want them to take you seriously, a demand letter is a great tool.

The letter shows that you have been keeping track of the situation, you have details, and you will take action if they do not act fast.

The judge will also treat your case more seriously if you go to court after sending a demand letter.

A demand letter proves that you come in good faith

Sending a demand letter before going to court shows your opponent that you want to solve the matter. Instead of dragging on and on, you are willing to talk things out.

When your aggressor sees your commitment, they may want to discuss the matter with you.

A demand letter promotes quick settlement

Giving the opponent an option to settle before you sue can be enticing. Litigation is lengthy and public; most people do not want all the attention and distraction. So it is likely that your rival will prefer a more private settlement.

You can use a demand letter in court

The letter can serve as proof of correspondence between you and your opponent.

As a precaution, remember that the letter can also be used against you. So be careful with what and how you write.

Below, we show you how to write the best demand letter.

How to write a formal demand letter

As we already mentioned, the language of your letter matters. The content is just as important.

So before you write a demand letter, keep these points in mind:

Use polite language: You don't want the judge to read a letter in which you are degrading your opponent by using mean language.
State all the facts: Even if your opponent already knows the whole story, it is essential to include the facts in your letter. It can remind them of their responsibility in the case. And if you eventually go to court, the judge will have a complete picture of the events.
Clearly state your demands: Do you want compensation worth $1000? State it clearly. Your opponent must understand what you expect from them. Remember to set the deadline for them to respond before you file a lawsuit.
You should type the letter: Use the computer at a local library if you do not have one.
Keep a copy of the letter: Having a copy for yourself is safe because it gives you a point of reference.
Use certified mail and request a return receipt: Certified mail shows proof that your opponent received the letter.

Sometimes, a demand letter may be a prerequisite for a lawsuit, but that is not always the case. Even so, you may use a demand letter for the benefits discussed here.

The demand letter can successfully resolve the dispute, and you may not have to go to court. If you eventually go to court, a previous demand letter shows that you made a good-faith attempt to resolve the matter before involving the courts.

Respond to a debt collector demand letter

It’s common for debt collectors to send a demand letter in order to get you to pay up. If you’ve received a debt collector demand letter, you should respond by sending a Debt Validation Letter.

The Debt Validation Letter forces the debt collector to prove that the debt they are trying to collect is valid. In order to validate a debt, the collector must:

Give details of the debt, including the exact amount.
Outline exactly what you owe with documented proof.
State to whom the debt is owed.
Include information about how you can dispute the debt.

If the debt collector cannot validate the debt, then they technically cannot continue contacting you about it.

Make your own Debt Validation Letter in minutes with SoloSuit.

To learn more about how a Debt Validation Letter can benefit you, check out this video:

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.

Ask a Question.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather