Sending a demand letter in Massachusetts requires a few elements, including clearly stating your demand, providing justification, and setting a deadline for response. If you need to send a demand letter in Massachusetts but are unsure of the necessary steps, this guide will provide you with everything you need to know. We’ll also share tips on how to make your demand letter more effective and how to do it with the help of a lawyer without paying substantial legal fees.
Clearly State the Relief Being Sought
When writing a demand letter, you should explicitly state what kind of relief you seek. Typically, demand letters include a request for financial compensation, but they can also request other forms of relief.
For instance, you might demand the fulfillment of contractual terms or ask a neighbor to stop harassing you. The more specific, the better — the recipient has to know the exact thing that will satisfy you. For example, if you’re requesting money, you also might want to let the recipient know you’ll accept a payment plan over a certain period.
Or if you’re asking a neighbor to turn down their music, your request might be limited to certain hours. Clearly articulating your request ensures that the recipient understands your expectations and improves your chances of getting what you want.
Provide a Justifiable Reason
A demand letter must include a reason for the requested relief. Simply demanding a specific sum of money is insufficient. You need to explain why the compensation or other relief is owed to you.
For example, are you seeking compensation for lost wages due to an incident involving the other party? Is it for an unpaid loan? Or are you legally entitled to the amount, such as the return of a security deposit? Providing a concise and clear rationale strengthens your position. Referencing anything that backs your claim, like a lease agreement, contract, or email, will also help strengthen your position.
If a letter makes demands in a threatening way without a justifiable basis, it can really work against you. If your letter is shown in a courtroom, it will not make a favorable impression. In some cases, it could even be considered harassment in conjunction with other aggressive actions. That’s why, if you’re unsure, you should work with a lawyer. Lawyers are experts in conveying the right facts along with the right tone.
State Relevant Deadlines
Identifying and including relevant deadlines is crucial in a demand letter. Ensure that the deadlines you provide allow enough time to legally file a case if the recipient does not respond or prolongs the situation. Additionally, be mindful of personal and business deadlines that may impact the timing of your demand.
For example, if you demand payment within ten days of receiving the letter, ensure this period ends well before any statutory deadline for filing your case. It’s essential to give the recipient a reasonable timeframe to fulfill your request, as courts may frown upon unrealistic deadlines.
Correctly Identify the Recipient
Ensure that your demand letter is sent to the correct person or entity. This includes verifying the proper name and address of the business or individual. Although this may seem simple, many businesses operate under different names or have designated representatives who handle legal documents. If sending a demand letter to an organization, consider addressing it to a specific person or representative rather than a general address.
Choose the Appropriate Method of Delivery
You can deliver a demand letter in Massachusetts in several ways. While you can deliver it in person, by phone, or via mail, many prefer certified mail to ensure proof of delivery. Sending the letter by email is also acceptable, especially if you do not have the recipient’s physical address. Demand letters by email are more common in this day and age.
Using both certified mail and email can demonstrate to the court that you made a thorough effort to resolve the issue before seeking legal intervention.
Using a Massachusetts Attorney for Your Demand Letter
Having a licensed attorney send your demand letter can significantly enhance its effectiveness. Attorneys are experts in the nuances of demand letters, and their letterhead and signature can lend credibility to your demands.
If you need a Massachusetts attorney to send a demand letter, we can help. We offer connections to licensed attorneys who will write and send a demand letter on your behalf for a single low fee, without hourly charges or ongoing commitments.
Massachusetts Small Claims Requirements
If your demand letter does not yield the desired results, you might be able to file a case in Massachusetts small claims court. This option allows for the resolution of smaller disputes more quickly and cost-effectively than traditional litigation.
In Massachusetts, individuals can file small claims for disputes up to $7,000. If the suit is based on property damage sustained in an automobile accident, it can exceed $7,000.00. The filing fees vary depending on the amount claimed:
| Amount of Claim | Fee |
|---|---|
| $500 and under | $40 |
| $501 to $2,000 | $50 |
| $2,001 to $5,000 | $100 |
| $5,001 to $7,000 | $150 |
| Claims of property damage of more than $7,000 arising from an automobile accident | $150 |
Be aware that there are time limits when it comes to filing in small claims court. The statute of limitations varies based on the nature of the claim. Generally, a claim based on a contract or a consumer protection law must be brought within 6 years, and a claim resulting from negligence or intentional harm must be brought within 3 years, but there are exceptions. Consult with a Massachusetts-licensed attorney if you have specific questions about the statute of limitations.
If you need an attorney to send a demand letter before pursuing small claims court, we can help you. We’ll connect you with a lawyer who will handle the process for a low flat fee — no hidden costs or office visits required.