Demand Letters - Tips on Making a Demand

Topics on this page

• General Tips
• Example of a Good Demand Letter
• Example of a Bad Demand Letter

General Tips

The word “demand” is misleading. “Demand” makes it sound as if the best strategy is to be aggressive in your approach to the person or business with whom you have a dispute. Most disputes are resolved more effectively through calm discussion and cooperation, not confrontation. A “demand” letter should clearly explain your position, but it doesn’t have to be hostile or angry. By using a demand letter you can:

• Try to resolve your dispute with the other side before going to court.
• Clearly explain what happened and what you want the other person or business to do.
• Create a written record showing that you tried to settle the dispute before filing a lawsuit.
• Approach the dispute calmly. No matter how angry or hurt you are, yelling or saying rude things will not help to resolve the dispute.
• Talk to your friends or family about your feelings.

Logically work through the following steps to see if you can resolve the problem without going to court.

1. Figure out how you have been harmed and what is reasonable to fix it.
   • Plan a few key points to discuss with the other side.
   • Summarize the agreement between you.
     • Example: I brought silk jacket to you to have the buttons replaced. You told me that it would be “as good as new” in 1 week.
   • Summarize the exact harm to you.
     • Example: When I came back to get it, I was told that it had already been picked up. But I did not pick it up, and now I do not have my good jacket which cost $189.
   • Describe how you believe it can be fixed. Be specific and reasonable.
     • Example: Since you lost my jacket, I am asking you to give me the $200 to replace it. I think that this is fair even though the jacket was six months old because I had not worn it much, and I still have to go to the mall to buy another.
   • Show how you calculated the money demand.
     • Example: I looked up the same jacket in the store’s website. Here is a printout showing the $189 price tag plus 6% tax.
2. Talk with the other side.
   • If it is a business, talk to the person with the authority to help - ask for an owner, manager or supervisor.
   • Remember your goal - you are trying to persuade them to give you what you think is fair.
   • Stay calm and professional - you are there to reach a solution, not to argue or complain. You are there to try to get what you feel you deserve.
3. If you cannot resolve the dispute through verbal communication, write a demand letter.
   • Type the letter if possible, it looks more professional.
   • Verify the correct address for daytime delivery. Send copies to multiple addresses, if needed.
   • Include your contact information for both day and evening.
   • Ask for a response by a specific date, be reasonable.
   • Send the letter by certified mail, return receipt requested and also by regular mail.

Tips: 

• If the other side refuses to accept the certified letter, you can tell the judge that the regular mail was not returned so the other side probably got the letter. Make sure your address appears as the return address on the envelope.
• Keep a copy of the letter and the mailing receipts. These are part of your evidence if you go to court.
• Wait until your deadline for a response has been reached before taking further action.
• If the other side makes an offer that differs from your request, weigh the time and costs before deciding whether or not to accept. You may be able to compromise.
• If you are not successful in resolving the dispute, consider filing a claim in District Court.

What Makes a Good Demand Letter?

1. Is dated and includes all relevant dates (such as purchase, service, and complaint).
2. Is sent by certified mail so you can prove it was received.
3. Includes copies (not originals) of supporting documents.
4. Is polite and professional in tone.
5. Clearly shows how you calculated the amount you are requesting.
6. Explains why it makes sense to settle the dispute now.
7. Demonstrates that you have collected evidence to support your claim.
    

What Makes a Bad Demand Letter?

Avoid these common mistakes:

1. Failing to include important dates or details.
2. Writing by hand when you can easily type or use a public computer.
3. Using an angry or demanding tone.
4. Forgetting to send the letter by certified mail, return receipt requested.
5. Leaving out supporting documents.
6. Being vague about what happened or what you are asking for. Remember, your letter may be shown to the judge, so include clear, complete information.