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Letter of Intent to Sue (with Settlement Demand)

A letter of intent to sue is used to notify a potential defendant that a lawsuit may be filed against them in court. The letter will summarize the alleged unlawful act and indicate a time frame in which the defendant may settle the matter to avoid legal proceedings. Delivery of this notice is often required by law and may need to be sent via certified mail before initiating the filing process. Regardless of any legal necessity for delivery, the form should still be issued to the defendant to help achieve a mutual agreement between each party and prevent a costly lawsuit.

Settlement Demand – Requests made to the defendant in order to avoid a lawsuit.

Letter of Intent to Sue – Sample

LETTER OF INTENT TO SUE

 

Effective Date: October 1, 2019

RE: Notice of Intent to File Lawsuit

Dear Mr. Don Johnson,

This letter of intent to sue shall serve as a formal notice that Albert Smith intends to commence a lawsuit against you due to the following: Unauthorized removal of hedges and fencing located at the rear of his home at 123 Fake Ave., Capital City.

I. The Plaintiff: Albert Smith (the “Plaintiff”).

II. The Defendant: Don Johnson (the “Defendant”).

III. Relief: As a result of your actions, the Plaintiff seeks relief in the form of: Payment in the amount of seven hundred dollars ($700) which shall be used by the Plaintiff to replace the hedges and damage to his fence.

IV. Settlement Demand: You may cure and/or settle this matter outside of court and avoid a lawsuit by doing the following within 30 days of receiving this Letter of Intent: Paying the total sum of seven hundred dollars ($700) to the Plaintiff.

V. Governing Law: This Letter of Intent shall be governed under the laws of the State of Florida.

Sincerely,

______________________

 

How To Write

Step 1 – Download The Letter Of Intent (With Settlement Demand) Template

Download this template as an Adobe PDF file, Microsoft Word document, or  Open Document Text file by selecting the appropriately designated button (“PDF,” “Word,” or “ODT” respectively) displayed with the sample image on this page.

Step 2 – Deliver The This Notice Letter’s Return Address

The first requirement of this letter will be a report on its return address. This must be the address of the Plaintiff or that of his or her legal Representative. Begin this report with the name or the Recipient set to accept any responses to this letter on the first line, the street address (building, street, suite) on the second line, and the city, state, and zip code on the third line. 

 

Step 3 – Date This Letter For Reference

This letter’s function requires that it carries a specific date to its effect. The calendar month, day, and year when it should first be considered active by the Defendant and other interested reviewers should be recorded on the blank space labeled as “Effective Date.” Keep in mind that if any time constraints are involved with an acceptable settlement, the date you report here will have an important bearing on showing when compliance is necessary. 

 

Step 4 – Document The Delivery Address Of The Intended Recipient

The Defendant’s formal address or the mailing address where his or her legal Representative has indicated all correspondence (such as this letter) should be sent is the next focus. A few blank lines between the “Effective Date” recorded and this letter’s greeting expects the full name of the Defendant along with his or her legal address. If this is not the first time dealing with this entity and it has been made clear that all communications must go through a third party (i.e. Attorney) then supply this information accordingly as the delivery address.

 

Step 5 – Address The Defending Party Directly

The greeting shall serve as a courtesy to the Recipient of this document. Produce the full name of the individual set to receive this paperwork. Typically, this should be the Defendant’s name however, if he or she has informed you that a legal Representative must be the Recipient, then record this entity’s name on the blank line attached to the word “Dear.”

 

Step 6 – Supplement This Letter’s Declaration With The Plaintiff’s Name

The first statement will be a declaration of the Plaintiff’s intent to sue the Defendant. Locate the first blank line, between the term “…As A Formal Notice That” and the words “Intends To Commence,” then record the full name of the Plaintiff. It is important to note, this is a direct declaration of the Plaintiff thus, the Plaintiff’s name (and not that of his or her attorney or legal representative) must be supplied to this area. 

 

Step 7 – Discuss The Defendant’s Costly Actions Or Violations

The subject of a lawsuit may concern the loss of property, money, a violation of confidentiality, or any other action that violates binding contracts and/or the governing law. The point will be that as a result, the Plaintiff suffered. The blank lines in the declaration statement are reserved for a report on the Defendant’sactions that have caused the lawsuit. This will require a specific report. For instance, if a violation of a contract is the reason for the lawsuit then report the contract title, effective date, the article, or section title containing the terms that were violated and the violating actions of the Defendant. 

 

Step 8 – Produce The Plaintiff’s Full Name

Several articles will support the declaration you filled out with facts that will surround this notice. These will be divided by clearly labeled sections for easier reference. The first of these sections (“1. The Plaintiff”) seeks the full name of the person or entity initializing the lawsuit. This is the offended party that seeks to recoup his or her losses. 

 

Step 9 – Assign The Role Of Defendant

The name of the Defendant must be documented in this role. For this, locate the second article. The blank line in “II. The Defendant” should be supplied with the name of the individual or business entity the Plaintiff holds responsible for a loss.

 

Step 9 – Inform The Recipient Of The Sought Relief

The third article, “III. Relief,” will discuss what the Plaintiff seeks from the Defendant even if the courts must be involved to attain it. This report takes the form of a choice that must be made between two checkbox statement. If the Plaintiff seeks a dollar amount, then choose the first checkbox and write out the sought dollar amount on the first blank line. The second line (in the parentheses) requires you to reproduce this number numerically.  If the Plaintiff seeks property or action, then mark the box named “Other” then produce a report on exactly what the Defendant will be compelled to produce on the attached blank line.

 

Step 10 – Report The Negotiation Status Of Any Potential Settlements

The fourth article, “IV. Settlement Demand,” also give a choice of two checkboxes. Here, if the Plaintiff chooses, one more opportunity may be afforded to the Defendant to avoid being the subject of a lawsuit. If this is not an option, then mark the first checkbox in this article (preceding the words “You Do Not Have The Option…”  If the first statement in “IV. Settlement Demand” has been marked because the Plaintiff will not accept any less then the relief mentioned earlier, then enter the number of days the lawsuit will be filed on the blank line just after the words “…Will Be Filed Against You.” Use the “Effective Date” as a springboard for this countdown.  If the Plaintiff will accept a settlement from the Defendant in exchange for refraining from filing a lawsuit then, mark the second checkbox.  The number of days after receiving this letter when the Plaintiff will be open to a settlement offer from the Defendant must be recorded on the first blank line in this choice. This statement will continue to explain what the Defendant must do in this timeframe to appease the Plaintiff. The blank lines placed after “…This Letter Of Intent” are set to receive these instructions. Record the settlement options available through this choice on these lines. 

 

Step 11 – Present The Applicable State Jurisdiction

The State Courts where this letter is governed must be documented in the fifth section (“V. Governing Law”). Seek out the space that completes the phrase “State Of” then record the name of the concerned State. 

Step 12 – The Plaintiff Signature

The Plaintiff is the only party that can execute this letter, and this must be done by signature. Thus, a blank line has been supplied so that he or she may personally sign the completed template after it has been printed. 


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