Edmonton Demand Letter LawyersJeff Kahane2020-11-28T14:51:18+00:00
Demand letters in Edmonton Alberta
What Is A Demand Letter?
An Edmonton demand letter is a first step someone can take to induce another party to take action, typically to make payment. Sent from our Edmonton law firm, demand letters handle a range of issues, including general debt disputes related to contracts, loans, unpaid rent and damage deposits. If you’re considering suing someone, having a lawyer write a demand letter to help you come to a resolution may save you going to court.
Read on to learn more about demand letters and how they promote faster settlements outside of the formal court process. The litigation lawyers at Kahane Law Office in Edmonton, Alberta are here to help you sort out your legal problems. Don’t hesitate to call us directly today at (780) 571-8463.
What Does A Demand Letter Include?
A Edmonton demand letter is written in a traditional letter format, including the date and the party you are addressing. The letter may or may not include the phrase “without prejudice”; including the phrase means a judge should not see the letter, if the matter proceeds to litigation.
A typical demand letter includes:
what you are requesting from the other side and why;
a brief summary of the dispute and its history;
what the other party can do to respond to your demand;
a deadline for the other party to respond by; and
an explanation of what will happen if the other side does not meet your demand.
What A Demand Letter Does Not Include
Hiring a Kahane Law litigation lawyer to draft an Edmonton demand letter will ensure your letter is written with precision and does not antagonize the other side. We take care to avoid using threatening and disparaging language. Insulting the other party only fuels the battle and lowers your odds of coming to an agreeable resolution. We help you draft a demand letter that will achieve results, not voice your anger or frustration. We avoid using all caps in our letters and often suggest using “without prejudice”. If your matter progresses to a trial, the judge will not read your demand letter. When a demand letter is aggressive and sent “with prejudice”, a judge may deem your letter is antagonistic, which can work against you.
When Is Sending A Demand Letter The Right Move?
Opposing sides in a dispute often trade angry words, phone calls and emails. If you’re in this situation, the other side may not expect you to pursue the matter legally. When our lawyers draft a demand letter and send it on your behalf, the stakes are raised. The opposing party will realize you’ve retained a lawyer and the possibility of a lawsuit has become real. The person who receives your demand letter will, perhaps for the first time, consider the consequences of not complying with your demand.
Litigation is more expensive than coming to a resolution beforehand. A good demand letter will give both parties the chance to end the dispute and avoid the time, stress and costs involved with going to court. In our experience, sending a demand letter motivates the other party to begin settlement negotiations. When you are offered a settlement, it’s also our job to help you weigh what you would receive versus the risks associated with going to court, including your odds for success and your ability to actually collect on a judge’s ruling.
When You Should Not Send One
If your limitation period expires soon, you should not send a demand letter. According to Section 3(1) of Alberta’s Limitations Act, RSA 2000 c L-12, your claim is statute-barred if you fail to sue within two years from the date on which you first knew, or ought to have known, of the injury you wish to complain about. If your limitation period is about to expire and you are hoping to pursue legal action, we strongly recommend you file a claim immediately. This action will preserve your right to sue. Once filed, you have a year to serve the other person. During this time, sending an Edmonton demand letter often resolves things.
How To Proceed If You Receive No Response
Even if you receive no response to your demand letter, you have helped your cause. Sending a demand letter signals to the courts that you have tried to resolve the issue without wasting judicial resources and you have acted in good faith. If the other side does not respond to your demand letter and you proceed with litigation, having sent the letter shows the court you have made a reasonable attempt to settle the matter beforehand.
What To Do When You Receive A Demand Letter
Always consult with a lawyer before responding to a demand letter. At Kahane Law, our litigation lawyers will assess whether the claim has merit, outline your options, evaluate the other party’s settlement proposal, and weigh the risks of going to court.
There are a few ways to respond to a demand letter, including:
disagreeing with the other side’s demand, explaining why and negotiating a settlement;
agreeing to comply with the other side’s demand; or
refusing to comply with the demand.
Ignoring the letter is a risk, as the party who sent the letter may decide to take legal action. And if the dispute goes to court, a judge may perceive you less favorably because you ignored the demand letter.
What Do Demand Letters Cost?
When people contact Kahane Law Office in Edmonton about drafting demand letters, often the first question we receive is how much it costs. We are happy to offer flat rate fees on our demand letters, outlined below:
$449 apiece for 2 to 5 letters;
$399 apiece for 6 to 10 letters;
$349 apiece for 11 to 20 letters; and lastly
$299 apiece for more than 20.
Spending a bit of money to hire a lawyer to draft your demand letter will likely save you money in the long run. We find opposing parties take demand letters more seriously when they come from lawyers. An effective demand letter will help you save money by coming to an agreeable resolution, rather than going to court. Litigation can end in unpredictable outcomes, not to mention the time, money and stress it can entail. Even if you are successful in court, you may incur costly legal fees and we can’t guarantee you will be able to collect on the judgment.
Costs Our Flat Fees Do Not Include
Our flat fees cover our services in getting all the pertinent information, drafting the demand letter and sending it to the other party. We charge for some items that add to the basic cost, including:
the cost to send the letter by courier or registered mail, if requested;
drafting and sending additional letters;
negotiating with the other party or their lawyer; and lastly
writing the mutual agreement, if negotiations are successful.
Hiring Edmonton Lawyers To Draft Your Demand Letters
The lawyers at Kahane Law Office in Edmonton, Alberta are here to help you handle your legal disputes. We will work with you to seek a quick and affordable resolution to the conflict. Kahane litigation lawyers have the experience and knowledge to draft effective demand letters encouraging settlement negotiations – and avoiding costly court time. Reach out today. You can email us directly here or call us directly in Edmonton at(780) 571-8463. We can also be reached toll-free at 1-877-225-8817.