What to do if you have received a letter of demand?
A letter of demand or a cease-and-desist letter is quite often the initiation of litigation. If you have received a letter or demand – do not ignore it.
You should get proper legal advice quickly to ensure that you preserve your position. You should also be very considered in how you respond.
Ignoring a letter from a lawyer can seem like the easy way out. However, you may find that if you ignore such a letter, you are then served with more court documents, or you may increase your exposure. Time limits can apply to legal matters and the more time you give yourself to receive advice and prepare a response, the better your position will be.
Without advice there is no way to know if the claim is baseless or if it is legitimate. If the claim is legitimate and you have exposure, you should seek to limit your exposure and resolve the dispute to prevent further claims of damages.
We have assisted many clients in responding to claims and letters of demand with favourable outcomes. Often the breach asserted in the letter of demand our clients receive may not be accurate or the damages sought are excessive or unjustified.
Each set of circumstances are different, and having a litigation lawyer to help you draft a defence and help reduce your exposure is the best course of action you can take.