How to Write a Demand Letter Posted September 30, 2010 by Preston Clark & filed under Legal Tips . A well constructed demand letter can be a very powerful document. Demand letters can be formal letters written by an attorney on behalf of a client demanding payment or some other action from another party. They can also be less formal and written by one individual to another demanding payment. In both instances they are an attempt to avoid litigation and expedite a resolution. Find more sample demand letters here>> While demand letters may be written for several reasons, most are written when someone owes you money. There is no single format for drafting a demand letter but there are certainly guidelines that can help you draft an effective one. If done correctly, a demand letter can be just the thing to persuade the other party into paying up. In general a demand letter includes: 1) what payment or action is demanded; 2) why the payment or action is being demanded; 3) what are the consequences for non-payment; and, 4) a time limit time limit to comply with the demand letter. Before you begin putting the letter together, consider the relationship you have with the person who owes the money. Is this a friend or relative. Is it important to maintain a personal relationship with that person? Is it a contractor, business, or individual with whom you may have future dealings? This consideration is important because it will help to determine the tone of the demand letter. If you are not going to hire an attorney to do this for you, it’s important to draft the demand letter with as little emotion as possible. As they say, stick to the facts.
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How to Write a Demand LetterPosted September 30, 2010 by Preston Clark & filed under Legal Tips.
A well constructed demand letter can be a very powerful document.
Demand letters can be formal letters written by an attorney on behalf of a client demanding payment or some other action from another party. They can also be less formal and written by one individual to another demanding payment. In both instances they are an attempt to avoid litigation and expedite a resolution.
Find more sample demand letters here>>
While demand letters may be written for several reasons, most are written when someone owes you money. There is no single format for drafting a demand letter but there are certainly guidelines that can help you draft an effective one. If done correctly, a demand letter can be just the thing to persuade the other party into paying up.
In general a demand letter includes: 1) what payment or action is demanded; 2) why the payment or action is being demanded; 3) what are the consequences for non-payment; and, 4) a time limit time limit to comply with the demand letter.
Before you begin putting the letter together, consider the relationship you have with the person who owes the money. Is this a friend or relative. Is it important to maintain a personal relationship with that person? Is it a contractor, business, or individual with whom you may have future dealings? This consideration is important because it will help to determine the tone of the demand letter. If you are not going to hire an attorney to do this for you, it’s important to draft the demand letter with as little emotion as possible. As they say, stick to the facts.
The first part of the letter will be a review of the facts that led to the writing of the letter. The facts are important because this is the basis of your demand. Getting the facts straight now is also good preparation should the matter end up in court.
Next you will need to discuss why the person owes you money. Did you do a job for him/her and they never paid you? Did he/she borrow money and refused to pay you back? Did they destroy your property and refuse to pay you? This section should be clear and concise.
Then you will outline what the consequences will be for non-payment. Remember here that you catch more flies with honey than vinegar; so you want to be polite and respectful. The demand letter is by nature a threatening document– so there’s no need to express any extra hostility. Hopefully this will help you reach some agreement. Perhaps, instead of threatening to take them to court, you could suggest meeting to discuss options or perhaps enter mediation. Remember that an angry letter may bring about an angry response and further delay the resolution. If the goal is to put the matter to rest as quickly as possible, writing a nasty demand letter is not the right approach.
Finally, the last component of the demand letter should be a time limit. Give him/her a reasonable time frame to pay the debt or agree to a payment schedule. Make it very clear that he/she must respond to the letter within a set time period. If you leave it ambiguous, you are setting yourself up for further delays.
In June of 2009 I painted your home for a contract price of $10,000. While you made the first two of the contract payments as agreed, you have refused to make the final $3,500 payment. I have made repeated attempts to collect, but you have not come forward with the money. I am requesting that you make the payment in full by 21 July 2010, or make specific arrangements to pay the balance.
I will expect a response to this letter no later than 1 July 2010. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the debt without further notice to you and this letter may be tendered in court as evidence of your failure to pay.
The letter that you write should be professional looking – it should be typed on a computer or typewriter. Now that the letter is written and sent, sit back and wait patiently during the time you have offered. Don’t call and harass or try to intimidate the other party.
Remember, you do not need a lawyer to write your demand letter; you can write the demand letter yourself and save yourself the cost of hiring an attorney. However, if you have any reservations about drafting a deman letter yourself, you should at least talk to attorney about your
situation. If you have any questions about our sample demand letter, feel free to shoot us an email.
Sample Demand Letter #2
(letter head)
[DATE][DEBTOR][STREET ADDRESS][CITY][STATE][ZIP]
Re: Collection of Fees for [ITEMS]
Dear [DEBTOR]:
Your outstanding debt is now [X] days passed due. As you know, failure to pay this debt is a breach of contract. At this point in time we are prepared to proceed with legal action. Any future correspondence will come directly from our attorney.
We would like to extend a final opportunity for you to to avoid an escalation of this matter. Accordingly, please remit full payment within ten (10) days of this letter.
If you have any questions, please feel free to contact me directly.
Sincerely,
[YOUR NAME][PHONE][EMAIL]
Sample Demand Letter #3
(LETTER HEAD)
15 October 2012
Ms Agatha SmithGold Limo27 E. Madison, #34Miami, Florida 33139
RE: OUTSTANDING MONEY
Dear Ms. Smith,
I am writing to inform you that invoice # XXXX is past due.
The total amount owing is $7,592. This amount relates to website design and hosting services that I provided by agreement with you for 20 hours each month in the months of May, June and July 2012. I refer your to the attached invoice dated August 10, 2012 that was due for payment by September 1, 2012.
I ask that you pay the entire outstanding amount by October 15, 2009. Your failure to pay this amount will force me to escalate the matter. If payment is not received on time, I will start legal action against you to recover the debt without further notice. Legal costs and interest may be added to the debt.
Yours sincerely,
Spencer Morris
How to Demand Payment in a Letter
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With all the news on television about this high-profile court cases, you may think that you have to go straight to court to get any results. Court can be quite expensive, however. Many times the best first step that you can take is to compose a well-written demand letter.
A demand letter is a document that you give to the person that you think owes you money. Within the letter, you set out why you are entitled to the payment and demand it. You'd be surprised how often a simple demand letter can work without you having to go to court.
Reasons for a Demand Letter
The simple reason that you need a demand letter is to let the other side know that you are serious in your desire for payment. Many times the people that owe you money think that you won't seriously go after them for payment. However, their feelings and thoughts often change after receiving a demand letter that sets out the reasons why you feel that you deserve payment and states that if you do not receive what is owed to you, you plan on going to court.
The demand letter is often the first time that the other party will realize that you are serious about collecting the money that is due to you and that you will take it to court if need be. In addition, the other party may finally realize that if they do not pay up, they will have to spend time and money to publicly defend their position.
The Structure of a Demand Letter
1. Lay Out Your Reasons -- The first thing that you should do in a demand letter is lay out what happened. This may seem strange to you because the other party should know what happened. However, it is always best to put a detailed description of the events in writing. If you end up going to court, the letter can be introduced as evidence on your behalf. Keep in mind that the judge will have no idea of the circumstances.
2. The Golden Rule: Be Polite -- You should always keep this in mind while you are writing the letter. Although you want to be firm in your letter, you do not want to anger the other party. If you personally attack the other party or insult their integrity, the letter is less likely to work. Instead of
writing angrily, write in a businesslike manner. If you can, be sure that the other party sees what they stand to lose in terms of money, the time they would have to spend defending themselves, and the fact that the dispute would become public. The more that you can show the other side that it is better to agree with the letter, the better off you will be.
3. Ask For What You Want -- There are too many times when great demand letters go out the window. This often happens when there is not a specific demand within the letter. Be sure that you include what you want in the letter. If you are demanding money, demand a specific amount of money and have reasons to back it up. If you want the other party to do something (such as move their fence), be sure that you list exactly want you want to happen (eg, move the fence back by three feet).
4. Be Professional -- Do not handwrite a demand letter. Instead, use a computer or a typewriter. If you have your own stationary or letterhead, use it.
5. Threaten an Alternative -- Remember that you are giving the other party a choice when you write a demand letter. They can either accede to your demands, or you will take it a step further. A common example of an alternative is "if you do not agree to the demands of this letter, I will take action against you in small claims court."
To see this all in practice, here is a sample demand letter:
123 Dearborne Avenue Eight Floor, Suite A Homer, AK 99603 December 2, 2009
Dear Mail-A-Fish,
On October 12, 2009, I purchased a whole halibut fish from your company. As advertised, you shipped the fish to me on the next business day via overnight delivery and I received the halibut on October 13, 2009. However, during transit, the fish went rotten and I was unable to eat it.
You advertised that any fish that you shipped via overnight delivery would be packed in a cooler with at least two pounds of solid carbon dioxide (dry-ice). However, my fish arrived at my doorstep packed only in a cardboard box lined with a garbage bag.
I have attempted to get a refund through your customer service department and have sent photographs of the rotten fish and deficient shipping materials as requested. However, after nearly two months, I have still not received a refund of the $250.12 purchase price I paid.
Your customer service department states that they cannot refund my purchase price because my fish was not lost in transit.
I have spoken with the delivery man that delivered the fish to my doorstep and he is willing to testify that he delivered a package to my doorstep that was shipped from Alaska and had a rotten-fish smell emanating from the box. In addition, my neighbor, who was with me at the time the package was delivered, is willing to testify that she saw the return address of your company on the box before it was opened, and that she also saw the rotten fish and the invoice for my purchase contained with the box from your company.
I have enclosed a copy of the invoice for my purchase. Please refund my purchase price of $250.12 to my American Express card on or before December 15, 2009. I will call American Express on December 16 to see if my purchase price has been refunded. If it has not, I will file this matter with the small claims court to recover my purchase price.
If you have any questions, I can be reached at (907) 123-1234. You can also e-mail me at [email protected].
Sincerely,
Freddy Funky
- See more at: http://litigation.findlaw.com/filing-a-lawsuit/how-to-demand-payment-in-a-letter.html#sthash.kzN8jAD5.dpuf
Litigation is expensive. As a result, it is often best to resolve a dispute between parties as soon as possible without racking up immense attorneys fees. The demand letter is often a great option for accomplishing this goal, and they can be sent by both attorneys and non-attorneys alike.
A demand letter is basically just a concise and clear letter demanding payment. Many businesses and individuals that owe money to another party know that they owe that money, but they just don’t think the other party is going to do anything about it. A firm letter threatening lawsuit if payment is not received oftentimes induces these parties to settle the dispute sooner rather than later.
Introduce the Facts
The first thing to do when writing a demand letter is to review and recite the facts underlying the dispute. It is not necessary to go into great detail, but the letter should include enough facts to give an outside observer enough information to understand what gave rise to the dispute.
Make a Specific Demand
The letter should specifically state what relief is requested and how the writer can be made whole. This may include a demand for a specific amount of money or the return of a specific piece of property.
Threaten a Lawsuit
Finally, threaten the alternative of filing a lawsuit. The other party should know that inaction on his or her part will lead to the sender seeking relief in court.
One common sense consideration to keep in mind is that the letter should look professional as possible. The more professional the letter looks, the more likely it is that the other party will know that the sender truly means business. Also, it is advisable to stay polite, even if the letter is firm in tone. This means avoid personally attacking the other party. This will make the other party more open to settling the dispute.
When we represent litigation clients, we like to start with a demand letter. If the dispute can be resolved quickly and without needing to go to court, our clients save both time and money, two of the most important goals when settling disputes.
From the Author: VC Law Group | California Litigation Lawyers
Debt recovery letter of demandCommunity Arts, Cult Dev, Festivals, Design, Fashion, Film, Video, TV, Broadcasting , Games, Literature /
Writing, Multimedia, Digital, New Media, Music (Including Performers), Performance (not
Music), Photography, Visual arts and crafts Debt
This information sheet explains the function of a letter of demand for debt recovery. It
includes a sample letter of demand for the recovery of money following your supply of
goods or services (eg. sale of artwork, performance fees) to a person or organisation.
In this information sheet:
1. What is a letter of demand?
2. Why send a letter of demand?
3. How to respond to a letter of demand
4. SAMPLE LETTER OF DEMAND
5. Further information
What is a letter of demand?
A letter of demand is sent to a person or organisation who owes you money (a debtor)
following your supply to them of goods or services (eg. sale of artwork or performance
fees). The letter advises the debtor of the amount outstanding and threatens court action to
Do you need lawyers in debt collection? The obvious answer is NO, you don’t need lawyers BUT they are certainly HELPFUL. Squeezing out money
from your borrowers can be taxing and what can one really do when the borrower tells you “I do not have
funds right now”?
Hiring a lawyer to collect your debt can certainly take that burden off. While it is not advisable to file cases in
court, there are times when that is the only option left. Then you’ll need lawyers.
So what can a lawyer do for you? Initially, they will send a demand letter to your borrower, stating the amount
owed and indicating the penalties and interests if there are any. The letter should clearly state the “demand to
pay” and the period within which payment should be made. If unheeded, the lawyer is given the right to file a
court case.
Once a court case is filed, the judge will ask the parties to come up with a reasonable settlement of the debt. If
the debt is denied, a full blown trial may be expected as matters of evidence will now be considered. If, on the
other hand, the debt is admitted, all you need to discuss is the mode of payment.
Modes of payment can vary from installment basis, dacion en pago, and novation. These modes will be
discussed in detail in my next article. When the parties agree to a mode of payment, a settlement agreement is
signed. If borrower still fails to pay despite the agreement, the lender will simply have to go to court and ask
the judge to enforce the signed agreement.
Finally, a lawyer is also not needed when filing “small claims”. Debts which are less than 100,000 Pesos are
considered small claims. The lender may go directly to court without the need of legal representation. He or
she just have to fill out a ready form and then pay the filing fees.
Unlawful DetainerUnlawful Detainer Cases are all about speed and efficiency to Notice, Serve and File. To meet this demand, First Legal Network has created its own Unlawful Detainer Division within First Legal Network, its core Attorney Service group. Our team of knowledgeable experts will guide you throughout the entire process, start to finish.In many Residential Cases the property may or may not be occupied; sometimes the tenant may even be unaware of an impending foreclosure. Under this scenario the First Legal Support Services - Unlawful Detainer
Division can effect Service of Process and Post “Notice to Vacate Premises” or the “Notice to Quit”. Once complete, our Unlawful Detainer Division will expedite the Proof of Service to ensure a quick turnaround in preparation for the filing of the Summons and Complaint, formally beginning the Judicial Foreclosure Process if necessary.For Commercial Properties, the process typically begins once the rental payment is past due or there is a breach of the lease covenant. This is usually handled with a 3 or 10 Day “Notice to Pay Rent or Quit” or “Notice to Perform Lease Covenant”. In most cases, a resolution can be reached once the notice is served and will not require the filing of the “Summons and Complaint”. The First Legal Support - Unlawful Detainer Division Team can support either scenario.
Demand Letter preparatory to filling an ejectment case – Section 2,
Rule 70 of the Rules of Court
RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER
Section 1. Who may institute proceedings, and when.
Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against whom the possession of any land or
building is unlawfully withheld after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or the legal representatives or
assigns of any such lessor, vendor, vendee, or other person, may, at any time within
one (1) year after such unlawful deprivation or withholding of possession, bring an
action in the proper Municipal Trial Court against the person or persons unlawfully
withholding or depriving of possession, or any person or persons claiming under them,
for the restitution of such possession, together with damages and costs.
Sec. 2. Lessor to proceed against lessee only after demand.
Unless otherwise stipulated, such action by the lessor shall be commenced only after
demand to pay or comply with the conditions of the lease and to vacate is made upon
the lessee, or by serving written notice of such demand upon the person found on the
premises, or by posting such notice on the premises if no person be found thereon, and
the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5)
days in the case of buildings.
Ejectment Case: Forcible Entry or Unlawful DetainerAn ejectment case is a summary proceeding designed to provide expeditious means to protect actual possession or the right to possession of the property involved (Barrientos v. Rapal, G.R. No. 169594, July 20, 2011). It is expeditious as it is governed by the Rule on Summary Procedure, a special rule where extra pleadings and motions (other than the Complaint and Answer), otherwise available in an ordinary civil action, are prohibited precisely to insulate it from unnecessary delays. The main issue to be resolved here is the issue of possession or the right to hold possession.
If you’re a lessor of real property, you may, if you haven’t already, have to resort to the remedy of ejectment in cases where a lessee withholds possession of leased property after the latter’s right to hold the same has already terminated, as where lessee has failed to pay rental, or has failed to comply with the conditions of the lease contract, in which case it is called Unlawful Detainer.
It is also available where a present possessor has held possession of a subject property at the tolerance of the owner or the one entitled to its possession, and thereafter refused, after demand to vacate has been made upon him, or continues his possession thereof. In this case, an inceptively lawful possession has become unlawful, when the tolerated possessor refused to return the property upon demand by the rightful possessor or owner. Anyone, whose stay in the property is merely tolerated, is bound by an implied obligation to vacate and return the same to, upon demand of, the rightful possessor or owner.
Note that even the owner of the property may be sued for ejectment when he deprives another of lawful possession, as in a case of a lessor depriving or ousting a lessee, who has been compliant with his obligations under a lease contract, of possession thereof.
Another species of ejectment is Forcible Entry. It is the same special proceeding as Unlawful Detainer, but the means whereby the lawful possessor or owner of the subject property has been deprived thereof are: Force, Intimidation, Strategy, Threat, and/or Stealth (FISTS). Anyone who has been ousted of possession to a real property by a "strong hand" using any of the means mentioned, may resort to this summary remedy to restore him immediately to possession.
In both cases, ownership is not imperative in order for a plaintiff to acquire legal personality to sue, as again, the issue is mere right to possession. In unlawful detainer it is indispensable or jurisdictional that a demand to pay rental or comply with the conditions of the lease and vacate is made before an action may properly be filed. Accordingly, absence of such prior demand could lead to the dismissal of the case. However, the same is not true in forcible entry.
In both cases, resort to barangay conciliation is condition precedent, meaning that the opposing party may raise as objection the fact that the dispute has not been referred to the barangay authorities for conciliation, and the same may be ground for the dismissal of the action. However, it is not jurisdictional, meaning that it
may be waived by such opposing party. It is deemed waived when the opposing party failed to timely object to the fact of its (barangay conciliation) absence.
Both actions must be brought (filed in court) within one year. The period of one year is reckoned from, in the case of forcible entry, the date of actual possession if the deprivation or the ground for the action is force, intimidation, or threat; and the date of discovery and prohibition if the deprivation or ground for the action is strategy or stealth. In unlawful detainer, the period of one year is counted from the date of last demand.
In the case of forcible entry, the possession is unlawful/illegal from the very beginning, while in unlawful detainer, it is inceptively lawful until the defendant refused and failed to vacate, after demand is made upon him by the plaintiff. Demand is made upon the termination of the defendant's right to hold possession of the subject property, either by expiration of contract, breach of terms of the contract, or when an owner who tolerated the defendant's stay has manifested its intention to use the property effectively ending the tolerance.
In both cases, the provisional remedy of preliminary injunction and/or temporary restraining order (TRO) is available under the provision of Rule 70, on forcible entry and unlawful detainer, and in relation to Rule 58, on preliminary injunction and/or temporary restraining order.
Personal Injury Demand Letter Exampleby Judge Anthony P. Calisi (ret.)
A personal injury demand letter summarizes the history of your personal injury claim for the insurance
adjuster. It begins at the point of impact and ends with your last day of treatment. It guides the adjuster
through all you've lost as a result of the insured's negligence.
A well-written demand letter can effectively limit the adjuster's options for objecting to the amount of
your settlement demand.
The Elements
There are key elements to any effective demand letter that must be listed and defined. Each element
provides separate but vital support to your claim. Elements of a powerful personal injury demand letter
o The basic premise of your letter is this: State why you have a dispute, and that if this particular attempt
at negotiation fails, you will take the case to court.o Make sure you send the demand letter in a timely manner because waiting too long after your claim
becomes due could jeopardize your attempt at collection.
Particulars:
o Use a letterhead. This makes the demand letter look official and formal. State why you are writing the
letter.o Outline the facts/story leading up to the demand letter in a chronological manner.o State the legal basis for your claim.o State how you will pursue legal action if your demand is not met, and include a timeline within which
the demand is to be met.o Do not threaten or use accusatory language, as this definitely won’t help your cause!o Make and keep copies of your demand letter and any response received.o Use a mailing option that requires the recipient to sign for the document. This way, you know the
recipient actually received the letter and you can keep track of it.
Example Demand Letters
o Self-help center sample o Docracy template
Just Need Help?
Buy our demand for payment letter for $10
Skeleton of a demand letter – This is just an example and should be tailored to fit your specific situation.Mountain Top Hotel1 StreetLeadville, Colorado
Re: Unpaid Invoices amounting to $15,000
Dear Mr. Mountain Top,
This letter is pursuant to your agreement to pay Beachy Design Studios for our services dated February
15, 2013 for the amount of $15,000.
{Include facts surrounding your issue here: how you had an agreement, the date of the agreement, what
you agreed to, and how payment hasn’t been made based on this agreement.}
Your failure to pay as per the February 15, 2013 invoice amounts to a breach of contract.
Please acknowledge receipt of this letter within five business days. Please make your payment (insert
means of payment as per your contract terms) no later than March 15, 2013. If you fail to respond, I will
be compelled to pursue legal action.
Thank you in advance for your prompt attention to this matter. I look forward to hearing from you. If you
have any questions, please do not hesitate to contact me at (xxx)-(xxx)(xxxx).
Sincerely, Beachy Design Studies{Insert any relevant documents/copy of invoice to this letter.}
Skeleton of a Demand for Payment Letter
We previously wrote about collecting on unpaid invoices, the advice is still the same, focus on the
following essentials:
o Using “please,” “I request,” “thank you,” and other words of kindness are a must.o Your tone should be soft and less assertive.o State why you are writing the letter.o Indicate the exact invoice that is overdue, by how much, and how a late fee might apply.o Attach a copy of the invoice to the letter so the client knows the specific invoice you are referring to.o Indicate how you need an acknowledgement from the other side as soon as they receive your letter.o Be clear about what you are asking for. Indicate a deadline within which payment should be made and
identify how payment should be made.
What if you have no contract, but have a verbal agreement?
Oral agreements are honored provided the statute of frauds does not apply to the particular transaction.
However, oral agreements may be harder to prove. (Note: statute of frauds is a topic beyond the scope of
this article.) A court will look at all transactions and performance leading up to the date of dispute and
award a remedy accordingly.
Emails or letters as contracts? Remember, just because you did not have a seven-page service contact
typed up doesn’t mean your contract wasn’t in writing. If your email or other letter communications satisfy
the basic contractual requirements of offer, acceptance, and consideration, and no other legal issues
prevail, you might still have a written contract.
What if your contract has a vague statement of work?
A vague statement of work will create an issue at some point in the future so try to get it right the first
time. However, any potential vagueness argument is for the other side to bring up. You want to stick with
the fact that the statement of work is clear and that you are owed a certain amount as per the contract.
Further, any issue of ambiguity will be hashed out in court, and you should be prepared to show to the
court why your interpretation is correct. Typically, the court may decide to interpret the ambiguity against
the party who drafted the contract but this differs with every situation.
Yes. You can use it to show the judge that you made a good faith effort to collect but failed. Typically, with
small claims cases, the court requires you to make a request for payment first before initiating a case in
small claims court. (For more about small claims cases in different states, please visit this website.)
DISCLAIMER: This article is just friendly advice and only reflects the personal views of a few
‘ordinary’ people. It may not be the kind of advice that you agree with nor prove to be helpful for
your situation. This article is not a substitute for legal advice from an attorney in your own state.
By using this website, you understand that there is no attorney-client relationship between you
and the author. We encourage comments and viewpoints but try to be nice!
Read on…
o Understanding Service Contract Legal Jargon o How To Hire A Small Business Attorney o Common Contracts For A Service Business o Graphic Design Contracts Explained o Free Photography Contracts o Writing A Demand For Payment Letter To Collect On Past Due Invoices o How to Make an Invoice
SAMPLE DEMAND LETTERPosted October 12, 2012 by Preston Clark & filed under Legal Tips.
In June of 2009 I painted your home for a contract price of $10,000. While you made the first two of the contract payments as agreed, you have refused to make the final $3,500 payment. I have made repeated attempts to collect, but you have not come forward with the money. I am requesting that you make the payment in full by 21 July 2010, or make specific arrangements to pay the balance.
I will expect a response to this letter no later than 1 July 2010. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the debt without further notice to you and this letter may be tendered in court as evidence of your failure to pay.
The letter that you write should be professional looking – it should be typed on a computer or typewriter. Now that the letter is written and sent, sit back and wait patiently during the time you have offered. Don’t call and harass or try to intimidate the other party.
Remember, you do not need a lawyer to write your demand letter; you can write the demand letter yourself and save yourself the cost of hiring an attorney. However, if you have any reservations about drafting a demand letter yourself, you should at least talk to attorney about your situation. TheLawInsider.com is here to help you draft your demand letter or put you in contact with an attorney specializing in collections and demand letters in your area. If you have any questions about our sample demand letter template, feel free to shoot us an email.
Demand for Money Owed Basics
This letter can be used by an individual or business to demand payment of a
debt or money owed. The easy interview process will even add calculate
interest or add fees for late payment.
Demand for Money Owed
You want to make a written demand for money owed.
Other names for this document: Demand Letter for Money Owed, Money
Owed Letter
Subpoena
[Latin, Under penalty.] A formal document that orders a named individual to appear before a duly authorized body at a fixed time to givetestimony.
A court, Grand Jury, legislative body, or Administrative Agency uses a subpoena to compel an individual to appear before it at a specifiedtime to give testimony. An individual who receives a subpoena but fails to appear may be charged with Contempt of court and subjected tocivil or criminal penalties. In addition, a person who has been served with a subpoena and has failed to appear may be brought to theproceedings by a law enforcement officer who serves a second subpoena, called an instanter.
A subpoena must be served on the individual ordered to appear. In some states a law enforcement officer or process server must personallyserve it, whereas other states allow service by mail or with a telephone call. It is most often used to compel witnesses to appear at a civil orcriminal trial. A trial attorney may receive an assurance from a person who says that she will appear in court on a certain day to testify, but ifa subpoena is not issued and served on the witness, she is not legally required to appear.
It is up to the attorneys in a case to request subpoenas, which are routinely issued by the trial court administrator's office. The subpoenamust give the name of the legal proceedings, the name of the person who is being ordered to appear, and the time and place of the courthearing.
Legislative investigating committees also issue subpoenas to compel recalcitrant witnesses to appear. Congressional investigations ofpolitical scandal, such as the Watergate scandals of the Nixon administration, the IRAN-CONTRA scandal of the Reagan administration, and theWhitewater scandal of the Clinton administration, rely on subpoenas to obtain testimony.
A subpoena that commands a person to bring certain evidence, usually documents or papers, is called a Subpoena Duces Tecum, from theLatin "under penalty to bring with you." This type of subpoena is often used in a civil lawsuit where one party resists giving the other partydocuments through the discovery process. If a court is convinced that the document request is legitimate, it will order the production ofdocuments using a subpoena duces tecum.
A party may resist a subpoena duces tecum by refusing to comply and requesting a court hearing. One of the most famous refusals of asubpoena was RICHARD M. NIXON's reluctance to turn over the tape recordings of his White House office conversations to the Watergate specialprosecutor. Nixon fought the subpoena all the way to the Supreme Court in UNITED STATES V. NIXON, 418 U.S. 683, 94 S. Ct. 3090, 41 L. Ed. 2d1039 (1974). The Court upheld the subpoena, leading Nixon to resign his office a short time later.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
subpena (subpoena)
(suh-pea-nah) n. an order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the controlof the witness (if a "subpena duces tecum"). A subpena is used to obtain testimony from a witness at both depositions (testimony under oathtaken outside of court) and at trial. The procedure to get a subpena issued is basically to apply to the court with a brief written declaration ofthe need for the testimony or documents. Such subpenas are usually issued automatically by the court clerk, but must be served personallyon the party being summoned. Failure to appear as required by the subpena can be punished as contempt of court if it appears the absencewas intentional or without cause. (See: subpena duces tecum, witness, deposition, contempt of court)
subpoena noun call, citation, command, command to appear, demand, denuntiatio testimonii, directive, instruction,invocation, judicial imperative, legal mandate, legal process, mandate, notification, order, order to appear, order to appear in court,process, request, reeuirement to attend, summons, writAssociated concepts: information subpoena, judicial subboena, subpoena ad testificandum, subpoena duces tecum
subpoena verb beckon, call for the presence of, call forth, call out, call to witness, call with authority, command to appear,compel attendence, demand, direct, direct the attendance of, issue a command, issue a court directive, issue a writ, issue process,nooify to appear, order, order to appear, require compliance, require to attend, send for, summon, summon to court Associated concepts: subpoena a witness, subpoena before a jury, subpoena records, subpoena to a Grand Jury
SUBPOENA, practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretencesand excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under apenalty therein mentioned. This is usually called a subpoena ad testificandum. 2. On proof of service of a subpoena upon the witness, and that he, is material, an attachment way be issued against him for a contempt,if he neglect to attend as commanded.
SUBPOENA, chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, andanswer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce theattendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts ofcivil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff. 2. This writ was invented by John Waltham, bishop of Salisbury, and chancellor to Rich. II. under the authority of the statutes ofWestminster 2, and 13 Edw. I. c. 34, which enabled him to devise new writs. 1 Harr. Prac. 154; Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin.Ab. h.t.; 1 Swanst. Rep. 209.
A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted
officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence. A subpoena which requests items be brought with the person is called a "subpoena duces tecum".
If the person is required to travel more than a minimum distance, they may be required to be compensated for reasonable travel expenses. Failure to comply with a subpoena may subject a person to being held in contempt of court if it appears the absence was intentional or without cause.
SUBPOENAAn order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit.
A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum.
On proof of service of a subpoena upon the witness, and that he is material, an attachment way be issued against him for a contempt, if he neglect to attend as commanded.
chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
This writ was invented by John Waltham, bishop of Salishury, and chancellor to Rich.
II. under the authority of the statutes of Westminster 2, and 13 Edw. I., which
enabled him to devise new writs
What is SUBPOENA?The process by which the attendance of a witness is required is called a
"subpoena." It is a writ or order directed to a person, and requiring his
altendance at a particular time and place to testify as a witness. It may also
require him to bring with him any books, documents, or other tilings under
his control which ho is bound by law to produce in evidence. Code Civ. Proc.
Law Dictionary: What is SUBPOENA? definition of SUBPOENA (Black's Law
Dictionary)
A subpoena (pronounced "suh-pee-nuh") is a request for the production of documents, or a request to appear in court or other legal proceeding. It is court-ordered command that essentially requires you to do something, such as testify or present information that may help support the facts that are at issue in a pending case. The term "subpoena" literally means "under penalty". A person who receives a subpoena but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or both.There are two types of subpoenas. The first, called subpoena ad testificandum (pronounced "ad test- te-fi-kan-dum"), requires you to testify before a court, or other legal authority. The second, called subpoena duces tecum (pronounced "doo-seez tee-kum"), requires you to produce documents, materials, or other tangible evidence. A subpoena may be requested in any kind of matter, but the most common requests are from divorce, child custody, personal injury, and sex offender cases.
What Are Subpoenas Used For?
Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help prove or disprove their client's case. Criminal attorneys, for example, often use subpoenas to obtain "witness" or lay opinion testimony from a third party that may lead to someone's guilt or innocence at trial. Similarly, civil attorneys often subpoena individuals to obtain information that may help settle someone's claim. For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements.Other examples of subpoenas may include requests for:
Blood test information; DNA samples; Computer files and downloaded material (such as in a child pornography case, for example); Medical bills & insurance records; Income tax returns; Photographs, graphs, & charts; and Employee records.
Who May Issue a Subpoena?In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the Governor, or agency head), then it must be signed by an administrative law judge. In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).
How a Subpoena is ServedA subpoena is typically requested by an attorney and issued by a court clerk, a notary public, or a justice of the peace. Once a subpoena is issued, it may be served on an individual in any of the following ways:
Hand-delivered (also known as "personal delivery" method); E-mailed to the last known e-mail address of the individual (receipt acknowledgement requested); Certified mail to the last known address (return receipt requested); or Hearing it read to you aloud.
How to Respond to a SubpoenaThe first thing you should do if you receive a subpoena is not ignore it. A subpoena is part of a court's legal process and failure to respond to a subpoena is considered contempt of court in most states.
The next step is to read through the subpoena to determine what is being requested and/or who is being asked to appear. Subpoena requests for documents and other items are usually very detailed and specific. Also, you should make sure to protect and keep any documents in your possession safe.
Lastly, you should look to see who is requesting the information and for what purpose, so you can adequately prepare for any testimony you are required to give at a trial or other proceeding. Finally, you should check the hearing date and time to avoid potential penalties and other consequences.
A person who receives a subpoena should otherwise consult with an attorney, who may assist you if you need more time to gather the information or have any questions about what is being asked of you.
PenaltiesBecause a subpoena is a court-ordered command, a person who fails to obey it is subject to civil or criminal contempt of court charges. Civil contempt occurs when you knowingly fail to produce papers or documents requested, or otherwise fail to obey the terms of a subpoena and, thereby, hinder the judicial process. Criminal contempt, which is usually intended as punishment, generally refers to disruptive conduct or disrespectful behavior at court. Criminal contempt can also include refusal to turn over documents or other data.Penalties for contempt of court often include payment of a fine, imprisonment, or both. Contempt charges may apply until the party in contempt agrees to produce the requested information or otherwise perform his or her legal obligation.
Can I Refuse to Produce Documents or Appear in Court?
Circumstances that allow you to potentially avoid having to produce documents or appear in court may include claims that the information sought is "privileged", lost, or violates your Fifth Amendment constitutional right against self-incrimination, and that the requests are overbroad or unduly burdensome. An attorney or other legal representative can help you figure out if there are valid legal reasons to object to a subpoena's demand.
ConclusionSubpoenas are formal legal documents that should be taken seriously. A person who receives a request for the production of documents or a request to appear in court should take the necessary steps to comply with the demand sought. Failure to comply with a subpoena order may result in contempt of court charges, which may ultimately lead to penalties of fines, imprisonment, or both. Additional questions concerning a subpoena should be referred to a qualified attorney in your area.
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There are two types of subpoena forms in the United States--the subpoena ad testificandum and the subpoena duces tecum. The subpoena ad testificandum commands someone to appear at a specific location to testify. The subpoena duces tecum requires a witness to appear and bring with them specific documents, such as business or personal records.
The subpoena ad testificandum, which means "to testify under penalty," is also known as an ordinary subpoena. It most commonly orders a witness to testify at a court proceeding, such as a trial or a deposition. When preparing for trial, it is typically considered good practice to subpoena all witnesses, both willing and unwilling, to ensure that they will be available to give testimony. In some jurisdictions, subpoena forms are required to specify the penalty that may result if the recipient fails to obey the order.When a witness receives a subpoena duces tecum, he is usually being ordered to do two things: appear at a specific place and time and bring certain documents with him for inspection. A subpoena duces tecum, which means "bring with you under penalty," is commonly used in civil matters where one party has refused to provide the other party with certain documents that were requested in discovery. Discovery is a process in which the parties are required to exchange pertinent information about the case with each other. If the court finds the request to be reasonable, it will issue a subpoena duces tecum so that this evidence will be produced.Both subpoena forms usually contain some general information. This includes the name of the legal proceeding and the parties involved and also the name of the person being ordered to appear. If a subpoena duces tecum is being issued, it must contain a specific list of all documents that the witness is being compelled to produce. A subpoena is also required to state the time and place where the recipient must appear.Both subpoena forms must be served, or delivered, to the person who is being commanded to appear. The method of service varies according to jurisdiction. Some courts require that a subpoena be delivered by a law enforcement officer, while others allow the subpoena to be mailed to the witness. The attorney who represents a party in a lawsuit or case is the individual who requests the subpoena. The clerk's office of the court in which the matter is filed typically issues the subpoena.Non-compliance with either of the subpoena forms is considered contempt of court, and the party who has refused to comply may face civil or criminal penalties. If the witness believes that they have a valid reason for not complying with a subpoena, they may request a hearing. The court will then decide whether or not they will need to appear.
A subpoena is a writ, a written order, issued by a court which commands a person to appear in court or before a grand jury, a congressional committee, or administrative agency at a specific place and time.
The subpoena can compel the receiver to appear in court or before an administrative body as a witness, or to produce documents for a court proceeding. Legislative investigating committees also rely on subpoenas to obtain testimony, and they can use subpoenas to compel witnesses to appear in investigations of political scandals. Without a subpoena, a witness is not legally required to appear before the court.
Types of Subpoenas
There are two main types of subpoenas:
Subpoenas ad testificandum
Subpoenas duces tecum
A subpoena ad testificandum, also known as an ordinary subpoena, literally means "to testify under penalty." It commands a person to appear at a particular location to give testimony. The most common use of a subpoena is to require a witness to attend a trial.
A subpoena duces tecum, also known as a subpoena for production of evidence, literally means "bring with you under penalty." It commands a person to appear at a particular location to bring a specified item for use or examination in a legal proceeding. A recipient of a subpoena duces tecum is commonly required to present documents, such as personal papers and business records, and physical evidence to the court.
A subpoena duces tecum is used most often in civil lawsuits when one party refuses to give the other party documents through the discovery process. If a court is convinced that the document request is legitimate, it will order the production of documents using a subpoena duces tecum. A subpoena differs from a summons in this regard, because the subpoena can require the production of evidence, while a summons can only order a person to appear in court.
What's Included
The general elements of the subpoena include:
A listing of the legal proceeding at issue The names of the parties involved The name of the person being ordered to appear A list of the documents that must be presented if a subpoena compels the
production of evidence The time and place of the legal proceeding where the subpoena recipient must
appear
The subpoenas of some jurisdictions also include a warning about the penalties for failing to comply with the subpoena.
Serving a Subpoena
With regards to the legal process, a subpoena has to be served on the person who is being compelled to appear. The specific rules related to the subpoena process vary in every jurisdiction. Some states require the subpoena to be personally served by a law enforcement officer, and
other states allow the subpoena to be served by mail. The attorneys in a case have to request subpoenas, which are usually issued by the trial court clerk's office. The court rules of some jurisdictions allow attorneys to issue subpoenas themselves as officers of the court.
Failure to Comply
Subpoena literally means "under penalty," and failing to comply with a subpoena can result in a legal penalty, as noncompliance constitutes contempt of court. However, subpoenas can be challenged, and a person refusing to comply with a subpoena can request a hearing.
Congress can also punish individuals who fail to comply with a subpoena to appear before Congress by holding an individual in contempt of Congress, which is similar to contempt of court. A person who is charged with contempt of court can be subjected to criminal or civil penalties. A person who fails to comply with a subpoena may also be brought to the legal proceeding at issue by a law enforcement officer, after the officer serves a second subpoena, called an instanter.