Notice of intent to sue (or pre-suit notice letter or demand letter) is a notification of a prospective defendant about the plaintiff’s – organization’s or individual’s – intention to commence a lawsuit in the court against them.
The letter should include a settlement demand which will give the defendant a certain timeframe. This period should be used to try to reach a mutual agreement between the parties before they enter into legal action which will take a lot of time and costs. The way of settling disputes might be curing the defect that is grounds for the suit or paying a certain amount in damages. The LOI should also tell the type of illegal activity that made the prospective plaintiff send the letter. Learn more about letters of intent in our comprehensive guide.
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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:
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.
If you need a letter of intent to sue template, use the one provided on our website. Choose the right format and download it – it is that simple. Or, if you want to save time and have a letter of intent to sue customized by the system, use our online document builder. Just answer the set of questions and get your individual letter of intent to sue in no time.
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:
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.
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.
Step 1 – The recipient’s information and effective date
The notice should start with the name, address, and contact information of the prospective plaintiff (telephone number, email address). Beneath it, the potential plaintiff should include the effective date of the document.
Step 2 – The statement
The LOI should include the statement where the prospective plaintiff states that this intent to sue letter is a formal document and it is meant to show the plaintiff’s intention to start legal proceedings against the defendant in the court due to certain illegal activity they committed.
Step 3 – Names of the plaintiff and defendant
Further, the intent to sue letter should specify who the parties to a potential lawsuit are.
Step 4 – The settlement demand
This part of the document should explain that the answering party has the opportunity to avoid a lawsuit by taking certain actions.
For instance, if the defendant illegally removed fencing at the plaintiff’s home, the intent to sue letter should tell that the plaintiff seeks damage cover in the form of payment in a certain amount.
The section should end with the plaintiff’s respectful request such as “Please contact me as soon as possible to resolve this matter.”
Step 5 – Governing law
The plaintiff should state what law will be considered governing.
Step 6 – Closing
The document should end with the respectful “Sincerely” and the name of the plaintiff along with their signature.
Or, if the interests of the plaintiff are presented by their attorney, their name and signature should be included.
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