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Do I have to extend the deadline stated in a demand letter, if the post office didn't deliver the letter as promised?

Tallahassee, FL |

On Friday 7/26 I mailed a demand letter via certified 1st class mail, that was supposed to be delivered by Mon. 7/29. As of Fri. 8/2 the only tracking info available says it was delivered to the facility on 7/27 and the trail ends there. So I figure the best course of action is to send out a new copy, but do I have to extend the deadline? The person I'm demanding payment from told me they would have the money by the 1st of August; in the letter I gave them til August 8. I want to be correct in handling this, because I feel I will have to take it to court. Also, are there any options for dealing with the post office? Case background: Payed for a vehicle 1500.00 8/14/97 and still haven't received the vehicle or the money back. I'm at my wit's end and welcome your advice. Thanks in advance!

Sorry, the date should be 8/14/12 (8/14/97 is my daughter's DOB). The agreement was based on a verbal agreement via phone July 3 2013. I followed it up with the demand letter per suggestion from a deputy at the sherriff's office. The post office did not deliver the letter last Monday as estimated. Instead the post office claims they left a notice yesterday, 8/5/13, one week later. If anyone is interested, for clarification purposes, I can email you the letter.

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Attorney answers 1


I’m a little confused. Are you seeking $1,500 from a car purchase gone wrong over 16 years ago?? You say “8/14/97”. If that’s the case, you’re going to have problems with statute of limitations. Based on these facts, I don’t see a way you’re not barred. However, assuming I’m reading that wrong and we don’t have a statute of limitations problem – from what I understand, you sent the letter. The letter was delivered. And the individual to whom the letter was intended responded to you that you would get paid by August 1st… if all that is correct, I can only assume that you haven’t received payment. Well, unfortunately, demand letters get ignored sometimes. You can give as many extensions as you want. You can send them a dozen letters if you want. However, if you’re asking can you just go to court now? …based on your facts, sure. You may find it helpful to sit down and discuss the matter with an attorney. Perhaps the opposing party would respond to an attorney’s demand letter. Since you’re only seeking $1,500, you may or may not need/want an attorney to litigate for you since this would be in small claims, but you would probably benefit from a consultation so you know your legal options and likely expectations.



thank you for responding! 8/14/12 is the correct day. The letter was not delivered as scheduled.

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