Take a breath. A demand letter is not a lawsuit, and you have options. This guide will help you understand the letter, assess the claims, and respond professionally.
Read the entire letter at least twice. Identify the specific claims being made, the amount demanded (if any), and any deadlines mentioned. Write these down.
Pro tip: Most deadlines in demand letters are not legally binding - they're chosen by the sender. However, don't ignore them entirely. A response within the timeframe shows you're taking the matter seriously.
Collect everything related to the dispute: contracts, emails, text messages, receipts, photos, invoices, and any other evidence. Organize them chronologically.
What to look for: Written agreements, payment records, communications showing what was promised vs. delivered, photos or videos documenting condition of property or work.
Honestly evaluate the claims against you. Are they completely false? Partially true? Fully accurate but with missing context? This assessment will determine your response strategy.
Be honest with yourself: Even if you don't like the tone of the letter, ask yourself whether the underlying complaint has any merit. This isn't about being "right" - it's about understanding your actual position.
Based on your assessment, choose your approach: dispute the claims, negotiate a settlement, push back on frivolous demands, or seek professional help if you're unsure.
Consider the economics: Sometimes a small settlement is cheaper than the cost of fighting, even when you're right. Other times, standing firm prevents future demands.
Never ignore a demand letter. Always respond in writing (email is fine for most situations). Be professional, stick to facts, and avoid emotional language or personal attacks.
Golden rule: Write as if a judge might read your response someday. Keep it factual, professional, and avoid admissions or statements that could be used against you later.
The allegations are factually incorrect or legally unsupported. You have evidence that contradicts their claims, and you need to firmly (but professionally) push back.
There's merit to their complaint, but the amount or terms demanded are excessive. You're open to making things right, just not on their exact terms.
The demand has no legal basis, appears to be extortion, or is part of a pattern of harassment. You need to firmly reject it and potentially document for legal protection.
The legal issues are complex, the stakes are high, or you simply want professional guidance before responding. An attorney can help you avoid costly mistakes.
Former landlord claiming you owe for damages, cleaning, or unpaid rent. Often disputes involve what constitutes "normal wear and tear" vs. actual damage.
Business or creditor claiming you owe money for goods, services, or outstanding balances. May come from collection agencies or attorneys.
Someone claiming you've infringed their trademark, copyright, or made defamatory statements about them. Demands you stop and possibly pay damages.
Business partner, contractor, or other party claiming you failed to fulfill your contractual obligations. May demand performance or damages.
Someone claiming they were injured on your property, by your product, or due to your actions. Often accompanied by medical bills and damage calculations.
Former employee claiming unpaid wages, discrimination, harassment, or wrongful termination. These can escalate to agency complaints or lawsuits.
"Pay us or we'll report you to the police/IRS/immigration" - conditioning criminal reporting on payment is extortion, even if there's a legitimate civil claim.
"Respond within 24 hours or we sue" - legitimate attorneys typically give 10-30 days. Artificially short deadlines are pressure tactics, not legal requirements.
The letter doesn't cite any specific law, contract provision, or legal theory - it's just threats. Legitimate claims usually reference specific legal grounds.
Payment required to overseas accounts, demands from "courts" you've never heard of, or threats for debts you don't recognize. Verify the sender is legitimate before responding.
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If your dispute involves California law, California parties, or property located in California, you're in the right place. I'm a California-licensed attorney with experience in the specific statutes, case law, and procedural requirements that apply to disputes here. California has unique protections in many areas - from tenant rights under Civil Code 1950.5 to consumer protection under the CLRA and UCL. I can help you understand how California law specifically applies to your situation.