What is a 93a demand letter?
The Demand Letter for Chapter 93A is an official letter sent prior to filing a lawsuit against someone else. The letter may be used for deceptive practices by a business such as bait-and-switch tactics, selling defective items, failure to refund, or any other issues covered by the Massachusetts Consumer Protection Act.
How do you write a 93a demand letter?
A valid demand letter must: (1) identify the defendant’s conduct complained of, (2) identify the injury suffered by the plaintiff, (3) state what relief the plaintiff is seeking and (4) give notice to the defendant that the claim is being brought under c. 93A .
What is a 93a claim in Massachusetts?
93A , is a powerful legal tool that allows the Attorney General and consumers to take action against unfair or deceptive conduct in the marketplace. The Consumer Protection Act allows lawsuits against unfair or deceptive acts or practices taken against consumers.
When should you send a demand letter?
In short, it’s best to send a demand letter only after you (and/or your attorney) have taken a thorough look at the impact of your injury on all aspects of your life, and made a reasonable valuation of your injury claim.
How much does a lawyer charge for a demand letter?
According to our database of legal fees, an attorney practicing on their own will charge anywhere between $750 and $1,200 to write and send a demand letter. A smaller law firm will charge anywhere from $1,000 to $1,500 for their services.
Is a demand letter required?
Although demand letters are not legally required they are frequently used, especially in contract law, tort law, and commercial law cases. For example, if one anticipates a breach, it is advantageous to send a demand letter asserting that the other side appears to be in breach and requesting assurances of performances.
What does a civil demand letter look like?
The civil demand comes in an envelope that looks like an envelope with a law firm’s return address. Most attorneys here recommend NOT paying the civiil demand as the only benefit is your will stop receiving the letters .
What happens after your lawyer sends a demand letter?
The most common route is that, after your demand letter has been sent, the insurance company will reject your settlement amount and come back with a different value. Once that has been sent, you and your attorney will either accept or refuse the amount.
How do I respond to a 93a demand letter?
1. Do not be intimidated. Do not be intimidated. Evaluate the damages immediately. You must respond in 30 days. Consider making a reasonable settlement offer. Protect your business interests and file your response with the Court. Maintain all evidence when you receive the demand letter .
Do I need a lawyer to write a demand letter?
You don’t need a personal injury lawyer to write a demand letter , but if there’s a lot of money at stake, you may benefit from professional help. The general rule is that you do not need a lawyer to write a personal injury demand letter in a small and easy case.
Which Massachusetts law is concerned with unfair or deceptive acts and practices?
Massachusetts Consumer Protection law
How do I file a small claims in Massachusetts?
To file suit, you must fill out a Statement of Claim and Notice form . Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. Filing your claim You may sue any person, business, partnership, or corporation. You can only sue for money in Small Claims Court .
How long should a demand letter be?
How long is a demand letter ? Well, it could be anywhere from one to four pages, I suppose. Typically, mine are between one and three pages. One page is going to be really simple, just saying, “Look, we demand that you stop doing something,” and we’re asking them to contact us and try to work things out.
Can you ignore letter of demand?
Ignoring a demand letter — particularly if you don’t read it at all — usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.
What should a demand letter include?
How do I write and send a demand letter ? Type your letter . Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand . Make and keep copies.