You must clearly identify the issues and provide supporting caselaw. Nothing persuades the reader more than a factual argument supported by recent caselaw. It tells the reader what the problem is and how the courts have fixed similar situations. It also tells the reader what could happen in your case.
Professionalism in form and substance
Your demand letter must be professional, clearly written, and properly cited. Cursing, disrespectful threats, name calling, and plain rudeness have no place in the letter. You want the reader to focus on the facts and the arguments, not on the name calling.
No threats or extortion
It is improper to make monetary demands in the letter and back them by threats of criminal prosecution or use of force. For example, you cannot say that the person must pay you $1 million or otherwise face prosecution, because this could be interpreted as an extortion. Extortion is a crime and it is generally defined as the obtaining property from another person by use of threats, force, fear, or as a legal right. Each situation is different and you must be mindful of this.
Each demand letter should have a strong conclusion summarizing all the facts, utilizing the case law and citing exhibits if any. This is your last chance to persuade the reader. If successful, demand letters will help you achieve the right results without litigation.
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