Many procedures require sending a letter of demand. In most cases, it is not mandatory to send letter of demand, but from a legal and strategic perspective, it may be a wise and smart move. What is a letter of demand? What are the advantages of such letters? All and more in this article.
How is the court proceeding conducted in israel?
Court procedures are detailed in the Civil Procedure Regulations. These regulations underwent a comprehensive reform, that came into effect several years ago, but the main points of the procedure, especially in its early stages, have remained the same.
A legal proceeding shall be initiated by filing a statement of claim. The statement of claim shall be filed by the plaintiff to the court and the defendant. In response to the statement of claim, the defendant shall file a statement of defense to the plaintiff and the court. These statements of claim shall define the boundaries of the dispute between the parties, the remedies sought, and the main arguments of the parties. The tail will be conducted based on these statements.
However, the regulations do not mention letter of demand, although it is widely used in practice. As you can assume, a letter of demand is not integral to proceedings and is not a legal obligation. However, its use is widespread and recommended.
letter of demand before a lawsuit :
To understand when a letter of demand will be filed before a lawsuit, it is necessary to clarify in which cases a person would be interested in filing a lawsuit.
A lawsuit is an expensive business, requiring time and quite a bit of money. Generally, a person will file a lawsuit in court when he has been harmed by another person. The damage can be physical injury, economic injury, and even through breach of contract.
In each of these cases, the victim will suffer financial damage. The victim will want to mend the damage by filing a lawsuit in court against the plaintiff. In cases where the fault of the tortfeasor is not clear enough, it is not certain that filing a claim will be the most beneficial step for the injured party. It is also not always worthwhile for the tortfeasor to go to court. In cases where the damage is clear and there is no doubt that the tortfeasor is at fault, the tortfeasor will have no interest in going to court.
As a result, the tortfeasor will often agree to compensate the injured party without the parties even going to court. Nevertheless, the tortfeasor will not necessarily volunteer to do so on his own initiative but will rather wait and see whether the injured party intends to sue. A letter of demand is intended for precisely these situations. The injured party will present his claims in the letter and send it to the tortfeasor. The tortfeasor will assess the letter and determine the chances of conducting a court proceeding accordingly. If the tortfeasor reaches the conclusion that his chances in court are not high or that conducting the proceedings will be more expensive than paying compensation, they will respond to the letter.
How to write an effective letter of demand:
In our experience, a letter of demand can end the proceedings before they begin. However, the letter can only work properly when it is professional and of high quality, indicating the plaintiff’s strength and willingness to go all the way in conducting the proceedings.
How can you write such a letter?
The answer is – use an expert lawyer to write the letter for you! A letter of demand sent by an experienced lawyer will convey absolute seriousness and a willingness to conduct the procedure to the end. This willingness will deter the defendant and will encourage him to pay you compensation instead of being dragged into expensive proceedings.
Of course, you will have to be ready to stand up for your word. If the tortfeasor does not meet your demands in the letter, initiate legal proceedings and file a lawsuit against him. Otherwise, your word will be perceived as idle talk.
Sample letter of demand:
As mentioned, an effective letter of demand shortens the legal proceedings and allows each party to know what they are facing. The letter should state who you represent, the nature of the appeal, the reason for the demand, and eventually the explicit threat with operative steps to follow.
Letter of demand price in israel:
The last question that comes to mind is the cost of a letter of demand. You should examine whether the lawyer who is preparing the letter for you is sufficiently experienced in claims and representing plaintiffs/defendants.
If the lawyer is inexperienced, the amount paid should be significantly lower as a result. Therefore, the cost of a letter of demand will start at a few hundred NIS, up to a few thousand NIS in the case of a complex letter of demand. In the case of an experienced lawyer, the amount should reflect the quality of the letter, and the reputation of the lawyer making the referral. Obviously, a well-known and well-respected lawyer may lead the other party to be particularly wary and to compromise quickly. In these cases, prices will start at 1,500 NIS and can go up to 3,000 NIS or more, depending on the complexity of the case.
In conclusion:
A letter of demand is a preliminary procedure for the legal process. As part of it, you will present your claims to the potential defendant and the relief sought from him. In the best-case scenario, the recipient will agree to all or most of your demands in a way that satisfies you. Worst case, they refuse your requests, file a lawsuit, and take legal action against him. Remember – an effective letter is one that is sent by an expert lawyer in his field. Don’t compromise!
Looking for a lawyer to file a letter of demand? Contact Attorney Osher Elkayim and file a warning letter that will achieve your goals.
Disclaimer:
The information on this page and website is meant to only provide initial and basic information and does not/ will not constitute as legal advice and guidance or a substitute for individual legal advice provided by the firm. Nothing stated on this page can be constituted as guidance and/or recommendation and/or instructions for taking and/or avoiding taking various legal proceedings.
We recommend consulting with a professional attorney before taking any action. The responsibility for any result caused by the reliance of the information above shall apply solely to the user.
