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In What Situations Might You Need a Letter of Intent to Sue?

You may need a letter of intent to sue if you have been the victim of:

  • Breach of contract

  • Intellectual property theft

  • Fraud

  • Physical injury

  • Defamation

How to Fill Out a Letter of Intent to Sue

Step 1 – Enter the date and information about the plaintiff

The notice should begin with the potential complainant’s name, address, and contact information (phone number, email address). Below this, the prospective plaintiff should specify the effective date of the document.

Step 2 – Include the statement

The letter of intent to sue shall include a statement by the potential plaintiff that this letter is a formal document intended to indicate that the plaintiff intends to bring legal action against the defendant for certain unlawful activities committed by the defendant.

Step 3 – Enter the information about the defendant

Next, write down the full contact information for the person you are sending the formal notice to. This should include their name, address, phone number, and email address.

Step 4 – Include a brief description of the legal issue and state your settlement demand

This section of the document should state that the respondent has an opportunity to avoid litigation by taking certain actions.

For example, if the defendant illegally removed the fence in the plaintiff’s home, the intent-to-sue letter should state that the plaintiff is seeking damages in the form of a specified amount.

The section should end with a plaintiff’s request such as “Please do not hesitate to contact me with the intent to settle this dispute.”

Step 5 – Set a deadline for the settlement demand to be met.

The legal letter of intent should also state the maximum time the defendant can take to resolve the issue. This should be a reasonable amount of time, such as 30 days.

Step 6 – Include the consequences of not meeting a settlement demand

The letter of intent to sue should end with a statement that you will take legal action if the settlement demand is not met.

Step 7 – Sign and date the letter.

The document should end with the respectful “sincerely” and the name and signature of the person sending a settlement demand. In case the plaintiff’s interests are represented by their attorney, their name and signature should be written down.

Lastly, make a copy of the letter for your records. Send the letter by certified mail so that you have proof that it was received.

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

Your letter of intent to sue should include:

  • Your full contact information and the full contact information of the person you are sending the formal notice to (like with any other letter of intent)

  • A description of the legal issue

  • A demand for resolution

  • A deadline for the settlement demand to be met

  • A statement that you will take legal action if the settlement demand is not met

The goal of the document is to make it clear to the person getting this document that you have a specific demand. It is necessary to write it in a way so that it doesn’t get lost in the other details of the letter.

One more thing to keep in mind when writing this letter is to try to stick to simple language without complicated law terms and cliche. Yes, the letter should refer to the existing laws that enforce your demand, but it should be easily read by both a legal professional and a person far from the law field.

And last but not least, when sending a letter to sue to a person who you expect to fulfill your requirement, make sure to choose a reliable delivery method. Many people consider registered mail the most reliable method of delivery. Another way to give the letter to the defendant is to deliver it yourself or use the services of a deliveryman. In this case, the person delivering the letter should sign it. Alternatively, a witness can be involved.

But there might be situations where you might not be able to reach out to a potential defendant in ways other than by email. Then, make sure that you have proof of email delivery and receipt.

Tips for Writing a Legal Letter of Intent to Sue

The letter serves as a means to reach an agreement with a person breaking the rule but only if it is written properly. Here are some tips that will let you write an effective letter:

  1. Be polite but firm in your language. You want to give the person a chance to rectify the situation without having to go through the legal proceedings.

  2. Do not make any threats that you are not prepared to follow through on.

  3. Make sure you have all of the facts straight before you send the letter. You don’t want to make any false accusations or demands.

  4. Consult with an attorney before sending the letter to get guidance on your specific situation. An attorney can help you determine if you have a case and what your best course of action might be. Sending a notice of intent to sue is often the first step in the legal process. It is important to make sure that your letter is clear, concise, and professional. Following these tips will help ensure that your letter of intent to sue.