How To Write an Effective Legal Threat Letter
Since I graduated from law school in 1968 I've always had some sort of legal practice which varied from extensive in the early years, to these days when I'm retired and mostly just doing consulting work for a hefty fee. In this period I've written a lot of letters threatening legal action on behalf of my client (or, on the rare occasion, myself—see Related Posts below). In the classroom I've passed on my advice on how to create an effective letter, and now I offer it to you, blog reader.
1. Be calm and professional. You might be convinced that the other side is composed of incompetent quasi-crooks, but telling them so won't get their sympathy. Instead start by identifying yourself and then stating the reason you are writing. Describe what happened step by step, chronologically, all leading up to your current position. Use dates and whatever specifics you have. If there are documents that support your argument, attach copies to your letter.
(1) That the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits that it does not have;
(2) That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription, or model, if it is not;
(3) That the subject of a consumer transaction is new, or unused, if it is not;
(4) That the subject of a consumer transaction is available to the consumer for a reason that does not exist;
(5) That the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not, except that the act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this section;
(6) That the subject of a consumer transaction will be supplied in greater quantity than the supplier intends;
(7) That replacement or repair is needed, if it is not;
(8) That a specific price advantage exists, if it does not;
(9) That the supplier has a sponsorship, approval, or affiliation that the supplier does not have;
(10) That a consumer transaction involves or does not involve a warranty, a disclaimer of warranties or other rights, remedies, or obligations if the representation is false.
“How To Win Arguments and Change Someone’s Mind,” August 5, 2012;
"Mortgage Foreclosures, Missing Promissory Notes, and the Uniform Commercial Code: A New Article," February 11, 2013; http://douglaswhaley.blogspot.com/2013/02/mortgage-foreclosures-missing.html
"Legal Terms You Should Know," September 11, 2013;
"How To Respond to a Legal Threat," March 29, 2014;
“Clicking on 'I Agree': Sticking Your Head in the Lion's Mouth?” September 27, 2014;
“A Guide to the Best of My Blog,” April 29, 2013; http://douglaswhaley.blogspot.com/2013/04/a-guide-to-best-of-my-blog.html.