TINA WYSKCommercial Litigation Attorney

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Demand Letters & Pre-Litigation

The letter before the lawsuit: when to send one, how to answer one, what to preserve, and how to decide whether a claim is worth pursuing.

24 guides on demand letters & pre-litigation, page 2 of 3Showing 10 to 18

Demand Letters & Pre-Litigation I Received a Cease and Desist Letter. What Now? Do not stop, comply or reply on reflex. Preserve everything, read the letter against the right it claims, and choose: comply, negotiate, refuse with reasons or file first. 6 min readDraft Demand Letters & Pre-Litigation Is My Claim Worth Pursuing? How a Litigator Evaluates a Case Before Filing Worth pursuing when you can prove liability, prove damages with reasonable certainty, collect from the defendant, and net more than you would take to walk away. 6 min readDraft Demand Letters & Pre-Litigation My Company Has Been Threatened With a Lawsuit. What Do I Do Now? A threat is not a lawsuit, and nothing is due in court yet. Preserve documents, check insurance, stop informal contact, assess the claim, then decide how and whether to respond. 6 min readDraft Demand Letters & Pre-Litigation Rule 202: Taking a Deposition Before a Lawsuit in Texas Rule 202 lets a Texas court order a deposition before suit, to preserve testimony or investigate a potential claim. The court must find the benefit outweighs the burden. 7 min readDraft Demand Letters & Pre-Litigation Should I Negotiate Directly Before Hiring a Lawyer? Often yes, for a small dispute with a counterpart you trust. But direct talks create evidence, run down the clock and can waive rights. Know the four risks first. 6 min readDraft Demand Letters & Pre-Litigation Someone Sent My Business a Demand Letter. Should I Respond? In most cases, yes: a measured, deliberate response protects you better than silence. The real decision is who responds, when, and what the letter should and should not say. 6 min readDraft Demand Letters & Pre-Litigation The 60-Day DTPA Notice Letter in Texas: What It Is and Why It Matters Before suing for damages under the Texas DTPA, a consumer must give 60 days' notice of the complaint and the amounts claimed. The recipient gets 60 days to inspect and settle. 6 min readDraft Demand Letters & Pre-Litigation The Demand Letter Gives Me 10 Days. Is That Deadline Real? A deadline the sender chose binds nobody. What passes on that date is the sender's patience, not a legal right. Real deadlines come from statutes, rules and contracts. 6 min readDraft Demand Letters & Pre-Litigation The Demand Letter Is Partly Right. How to Respond When You Owe Something Pay or tender what you owe within 30 days, dispute the rest in writing with documents, and keep the two separate. The undisputed part cuts off the other side's fee claim. 7 min readDraft
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