In Florida, a letter of demand is a formal written notice sent by one party (often through an attorney) to another, requesting payment or action to resolve a legal dispute before initiating a lawsuit. It serves as both a negotiation tool and a legal warning.
Key Features of a Demand Letter in Florida
Purpose: To resolve disputes without going to court by clearly stating the issue, the amount or action demanded, and the consequences of non-compliance.
Legal Standing: In some cases (e.g., disputes with contractors), Florida law requires a letter of demand before filing a lawsuit.
Common Uses:
• Unpaid invoices or debts
• Breach of contract
• Property damage
• Construction disputes
What a Demand Letter Typically Includes
• Sender and Recipient Information
• Summary of the Dispute: Facts, dates, and relevant agreements
• Amount or Action Demanded: With supporting documentation (e.g., invoices)
• Deadline for Response: Often 7–30 days
• Legal Consequences: Warning of potential litigation or legal claims
• Optional: Reference to statutes, potential attorney fees, or liens
Why Demand Letters Are Effective
• Shows seriousness: Indicates legal action is imminent
• Creates a paper trail: Useful in court if the dispute escalates
• Often leads to resolution: Many disputes settle after receiving a well-crafted letter
• Preserves rights: May be required to claim attorney’s fees or interest later.
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