How to Write a Demand Letter

A demand letter is a formal letter making a legal claim, and requesting that the claim be satisfied, either by asking the receiving party to perform a previously ignored responsibility or obligation, repay for damages they caused, returning items belonging to the author, or some other legal issue that needs to be settled. Demand letters are often used as a way to avoid litigation, which offers the would-be defendant a chance to correct the legal wrong before a lawsuit is filed. While this type of correspondence is usually drafted by an attorney, it is not that difficult to write a demand letter on your own for a simple situation. If you have a legal matter that needs and want to give it a shot, then here is how to write a demand letter:

Difficulty:

Moderately Easy

Instructions

1. 

   Write Up an Outline of Your Demands

   What is it that you are demanding? Are you requesting that your belongings be returned, or that you be repaid money you loaned to a friend? Draft an outline that lists everything that needs to be corrected, and include amounts, dates, times, and places, if relevant to each point. Be as specific as possible, and as inclusive as possible. Take your time with the outline; you want to make sure you remember and include everything that needs to be corrected. You may even want to have a friend or relative familiar with the situation review your outline to make sure you haven't missed anything.

2. 

   Create a Rough Draft of Your Letter

   Your demand letter needs to be concise, accurate, and fair. Remember, if your demands are not met, and any part of the letter is contested, it can and will become a part of any future litigation, so you want to make sure you are completely honest and fair - otherwise, if you demand more money that what is owed to you, or ask for things to be returned to you that you never owned, it will not look good when you are standing before a judge, and you could wind up with nothing.

   Demand letters need to be crafted to meet the needs of the specific situation. Below are a two samples of simple demand letters for various small claim situations. You can alter this sample demand letter to meet your needs, or check out my other articles for other types of demand letters for more complicated situations:

3. 

   Sample Demand Letter for Repayment of Loan

   [Date]

   [Your Full Name]
   [Your Address]
   [Your Phone Number]
   [Your E-Mail/Alternative Phone Number/Fax Number/etc.]

   [Recipient's Title and Full Name]
   [Recipient's Address]

   Sent Via Regular and Certified Mail

   Dear Mr./Mrs./Miss [Recipient's Last Name]:

   I am writing in regards to a loan that was made in the amount of [full amount] on [date of loan] for [purpose of loan]. The original agreement was that this loan was to be paid in full on [date of repayment]. To date, you have not made any payments to satisfy the loan. It has now been [number of days] days since the loan was to be repaid. The full amount of [amount due] is now due immediately upon receipt of this letter.

   If payment is not received in full immediately, further legal action will be taken to recover the amount of the loan, as well as any applicable interest, filing fees, attorneys fees, and any other costs that may be incurred.

   If you have any questions, please feel free to contact me at [your phone number].

   Thank you for your immediate attention in this matter.

   Very truly yours,
   [Your Signature]
   [Your Full Name]
   [Your Phone Number]

4. 

   Sample Demand Letter for Return of Items

   [Date]

   [Your Full Name]
   [Your Address]
   [Your Phone Number]
   [Your E-Mail/Alternative Phone Number/Fax Number/etc.]

   [Recipient's Title and Full Name]
   [Recipient's Address]

   Sent Via Regular and Certified Mail

   Dear Mr./Mrs./Miss [Recipient's Last Name]:

   I am writing in regards to various belongings of mine that have been in your possession since [date possession began]. I have requested that these items be returned to me, in their original condition, beginning on [original date items were requested]. To date, you have not returned any of these items to me. I am now requesting that these items be returned with 5 days of the date of this letter on [date] in their original condition, or, if you are no longer in possession of the items, the value of the items upon you taking control of them.

   The items in question include:

   Item #1 [include item name, description, model/make number, condition, and original cost for each individual item]
   Item #2
   Item #3
   Item #4
   Item #5

   If these items are not returned immediately on [date], further legal action will be taken to recover the items or the cost of any items not returned in their original condition, as well as any applicable damages, filing fees, attorneys fees, and any other costs that may be incurred.

   If you have any questions, please feel free to contact me at [your phone number].

   Thank you for your immediate attention in this matter.

   Very truly yours,
   [Your Signature]
   [Your Full Name]
   [Your Phone Number]

5. 

   Revise Your Demand Letter, Print, Sign, and Mail

   After filling in the blanks and removing any unnecessary information (or revising the sample demand letter to meet your situation), review the letter to make sure it includes everything you have listed on your outline. Again, if there is a friend or relative familiar with the situation, have them double-check the letter for accuracy. When you are satisfied with your letter, print and sign.

   Make two copies of the letter to keep in your file. You may need these later if the letter goes ignored, and you need to file a complaint to recover your money or items. The original should be sent to the recipient via both USPS Certified Mail and regular mail. Certified Mail costs anywhere between $2 to $5 average, depending on your location and where the letter is going to, but will give you proof of delivery and signature confirmation that shows the letter was received and who signed for it - both of which you will need in court if the situation goes that far. If the letter is refused by the recipient, the refusal slip will also serve as proof that you tried to send the letter, but the recipient chose to ignore it. Sending a second copy by regular mail is done out of practice to ensure the letter makes it to its intended destination.

   Using the examples above, you should be able to write a demand letter for most simple situations, which will help you resolve many petty matters without having to waste time and money in court, and tie up the legal system, as well. Being able to write a demand letter is also a valuable skill that can help you take charge of what is rightfully yours when dealing with insurance companies or other companies who have wronged you, but ignore your requests to make things right. And of course, if writing a demand letter doesn't rectify the situation, you can always check out some of my other articles to learn how to file a complaint and initiate litigation, if need be.