The letter of demand should be couched in the language of a lawyer with a brief reminder in the opening statement of defendant's violation of plaintiff's right. The violation may be premised on defendants failure to live up to his presentation under a contract, or to observe with his obligation created by law. If there is any amount involved, then the demand letter should specify the proper amount of which defendant is liable with interest payable up to date of actual payment, otherwise, defendant should be charged for payment of attorney's fees and the costs of the litigation should the matter eventually reach the court. Your letter should be closed with a reasonable time allowance to comply within a period of not less than 5 to 10 days from receipt.
Sample of demand letter:
January 15, 2011
Mr. A
Dayangdang, Naga City
Sir:
My client Mr. B came to me complaining about your failure to make good your promissory note, despite repeated phone reminders, in the sum of Five Hundred Thousand Pesos (P500, 000.00) plus interest, on or before June 15, 2010 (photocopy of which is hereto attached).
While court action appears to be convenient under the circumstances, however, in order to preserve our cordial relations, and to avoid unnecessary expenses of litigation which will entail payment of attorney’s fees and costs of the suit, we have decided to give you this last chance to honor your commitment.
In view thereof, please reach us thru our telephone number 478-99-88, if you are ready with the amount, or simply send payment by mail or any mode of payment most expedient for you within ten (10) days from receipt hereof. Otherwise, much to our regret, we shall be constrained to bring this matter to court for the protection of our client’s rights and interests.
Very truly yours,
Legal Counsel
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