Letter of Intent to Sue

When Is a Letter of Intent to Sue Needed?

This kind of letter goes out before a case is filed in court. It puts your complaint and your offer to settle in writing and gives the other side a chance to fix the problem or reach an agreement. Here is when it comes into play.

A plaintiff may be required to send the defendant a pre-suit letter as a condition to filing a lawsuit with the court under certain conditions, for instance:

• Under the terms of an agreement
• For suits brought under the Clean Water Act
• Where the answering party is a governmental body
• In medical malpractice cases
• For lawsuits brought under state consumer protection law

In situations where a pre-suit letter is required, the plaintiff failing to provide the letter to the answering party might be dismissed from the lawsuit.

This is why for the plaintiff, it is important to check whether there is a requirement for a letter of intent to sue before starting judicial proceedings, while the answerer should check whether or not it is required if they haven’t got it. If the document is required, a defendant who failed to get it might make a motion for dismissal.

To build your own template, select Create My Document at the top of this page. Answer a short set of questions and the online builder turns your answers into a letter you can save, print and sign.

What Should Be Included in a Notice of Intent to Sue?

Federal or state laws might not give clear instructions on what content of a pre-suit form should be. If the governing law is absent, the minimum requirements to a pre-suit letter are to include:

• A detailed description of the plaintiff’s claims that constitute the basis for the contemplated legal action
• Identification of all the prospective defendants and other parties who have the right to get the notice of intent to sue.
• Statement of the relief the plaintiff seeks.
• The period for the defendant to remedy the violation and/or settle the lawsuit outside of court.

A strong letter also says what the other side did wrong and offers a clear way to settle, such as fixing the problem or paying a fixed amount in damages.

It is important to convey the demand in the letter in a clear and concise manner and try to highlight it so that it doesn’t get lost in the details of the dispute. Another thing to remember is that the language should be without complicated law terms as the letter might be read by both lawyer and non-lawyer.

Please note that the notice should be sent by a reliable method of delivery. Registered mail is considered the safest option. Email might be used as well if it is possible to prove that the prospective defendant received it.

Another surefire way to give a letter is to deliver it in person. Then, the signature of the person or the presence of a witness will be needed.

How to Fill Out a Letter of Intent to Sue

A letter of intent to sue is usually a single-page letter. It should be written in a respectful manner and include only important details – the illegal activity, actions that can help settle the dispute, and the ways to cover damage to avoid the lawsuit.

1. Your details and the date. Start with your name, address, telephone number and email address. Add the date below it, then the name and address of the person or company you are writing to.
2. The statement. Say that this is a formal notice. State that you plan to initiate legal action in court against the other party because of the problem you describe.
3. The parties. Name both sides of the possible case, so it is clear who is writing and who is receiving the letter.
4. The settlement offer. Explain how the other party can avoid court, for example by fixing the problem or paying a fixed amount. If a neighbor damaged the fence at your home, you might ask for payment to cover the cost. Pick a clear number of days for the reply and count them with our deadline calculator. End with a polite request, such as “Please contact me as soon as possible to resolve this matter.”
5. Governing law. The plaintiff should state what law will be considered governing. The sample below does this in one sentence near the end.
6. Closing. End with “Sincerely,” followed by your name and signature. If an attorney writes the letter for you, add their name and signature.

Read your draft once more and check that names, dates and amounts match your records. The sample below shows how the six parts fit together.

Sample Notice of Intent to Sue

This sample is a one-page letter from an employee to a company. It shows the sender and recipient details, a short statement of the facts, a settlement offer with a reply window, and a closing. Replace the names, addresses, dates and amounts with your own.

From: Mara Shean
689 Manor Ave.
Big Spring, TX 79720

April 4, 2021

To: M&B company
693 Westport St.
Sugar Land, TX 77479

RE: Notice of intent to file a lawsuit

Dear management of M&B company,

This letter serves as formal notice of intent to file a lawsuit against you because I believe that I was fired without cause. I have been working at the company for a year, and my last performance report, dated March 3, 2021, has received a positive review. But shortly after, I was asked to leave my job position without any reasonable explanation.

I desire relief in the form of compensation for immaterial damages in the amount of $10,000. This offer to settle this matter and avoid a lawsuit is valid for 14 business days after this letter’s date. If I did not receive a favorable response in 14 business days, I will promptly begin a lawsuit.

The letter of intent to sue is governed by the laws of the state of Texas.

Sincerely,
Mara Shean

What to notice in the sample:

• The sender and recipient details come first, followed by the date.
• The first paragraph says what the letter is and why it was written.
• The second paragraph names the amount asked for and the reply window.
• The last paragraph names the governing law, as in the governing law step above.

Frequently Asked Questions

Here are short answers to common questions about writing and sending this kind of letter. If you want to start right away, select Create My Document at the top of this page and build a template online.

General information, not legal or tax advice.

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.