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Demand Letter

A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedly in default.

Also known as solicitor letter or lawyer letter or, in French, a mise en demeure.

Demand letters are not always prerequisites for a legal action but there are exceptions such as legal action on promissory notes or if the contract requires it.

Basically, a demand letter sets out why the payment or action is claimed, how it should be carried out (eg. payment in full) and directions and deadlines for the reply.

Demand letters are often used in business contexts because they are a courtesy attempt to maintain some goodwill between business parties and they often prompt payment, avoiding expensive litigation.

A demand letter often contains the "threat" that if it is not adhered to, the next communication between the parties will be through a court of law in the form of formal legal action (i.e. pleadings).

An example of a demand letter would be in the situation of defamation. The plaintiff's lawyer would write to the alleged defaming person and demand a retraction and an apology.

Demand letters are powerful tools in a lawyer's arsenal.

See also without prejudice.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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