“Demand letter”的意思、由来-开放百科全书

A demand letter, or letter of demand^[1] (of payment), is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong. Although demand letters are not legally required they are frequently used, especially in contract law, tort law, and commercial law cases. For example, if one anticipates a breach, it is advantageous to send a demand letter asserting that the other side appears to be in breach and requesting assurances of performances. Demand letters that are not responded to may constitute admissions by silence. Also, a demand letter will often generate a denial letter stating the basis for rejecting your side's claim (such as when the incorrect entity is sued^[2]), and is sometimes a good indication of what defenses will be raised if suit is brought later.^[3]

Insurance claims

In personal injury claims, the settlement negotiation process begins by the victim submitting a demand letter to the insurance companies. The purpose of the demand letter is to present facts about the accident in order to persuade the insurance companies to provide adequate compensation. A typical demand letter is structured in the following manner:^[4]

The personal injury demand letter is then sent to the insurance companies with supplemental documents that are referenced in the letter. This may include copies of accident reports, photographs of the accident/injuries, medical bills, doctor’s statements etc.

The insurance company will then analyze the arguments made in the demand letter and respond with a counter settlement offer.

Debt collection

In the United States, demand letters from a debt collector relating to a consumer debt must comply with the Fair Debt Collection Practices Act.^[5]

In certain types of legal proceedings in Quebec, a demand letter is mandatory; without it, a person could lose his or her case.^[6]

See also

References

1. ^{{cite web|url=https://www.legalaid.vic.gov.au/find-legal-answers/debt-and-financial-issues/creditor-notices-and-letters-of-demand|title=Creditor notices and letters of demand|work=Victoria Legal Aid|accessdate=26 January 2017}}
2. ^{{Cite web|url=http://www.litigant.com.au/blog/responding-letter-demand|title=Responding to a Letter of Demand|website=www.litigant.com.au|language=|access-date=2017-04-06}}
3. ^Fundamentals of Litigation for Paralegals by Marlene Maerowitz & Thomas Mauet. Eighth Edition.
4. ^{{cite web|title=Stop Copyright Infringement with a Demand Letter|url=http://www.ceasethendesist.com/|website=www.ceasethendesist.com|accessdate=25 September 2016}}
5. ^15 U.S.C. § 1692g
6. ^{{cite web|title=Demand letters|url=http://www.justice.gouv.qc.ca/English/sujets/glossaire/mise-a.htm|website=www.justice.gouv.qc.ca|accessdate=25 September 2016}}