Assignment demand letter

In this assignment, draft the letter for the signature of the supervising attorney, Alice Black. Use the letterhead presented in the Application section of this chapter(The letterhead usually contains the full name, address, telephone number, and facsimile number of the law firm. It is usually preprinted on the firm's stationery and centered at the top of the page. Subsequent pages contain an identification of the letter, which is usually called a header. The headerincludes the name of the addressee, the date, and the page number. Place it at the top left or right margin of the page. The full date is usually placed below the letterhead at the left or right margin. It may also be centered below the letterhead. At the left margin, below the date, is the method of delivery. This is usually required only if the manner of delivery is other than United States mail.). Mr. Sanders's address is 930 North Hardwood Court, Friendly, NW 00065.

Assignment Memo: We represent Washington Ins. Co. They paid a claim by their insured in the amount of $21,235.00. The claim arose out of an automobile collision between the insured, Deborah Anderson, and Mr. Karl Sanders. Mr. Sanders ran a stop sign, and his vehicle collided with the insured resulting in the damage. Washington Ins. has written to Mr. Sanders requesting that he either provide proof of insurance at the time of the accident or that he pay the claim in full. He has not responded.

Prepare a draft of a demand letter to Mr. Karl Sanders demanding that he pay the $21,235.00 or contact me to see if we can reach an agreement for payment of the debt. Inform him that this is an attempt to collect a debt. Also inform him that if he does not contact us within 30 days of the date of the letter, I will assume that he does not dispute the debt and I will pursue all legal remedies available under the law. Inform him that a lawsuit will be filed in the district court for the full amount of the debt plus interest, and I will request any fees and costs I may incur in pursuit of the litigation.

In addition, inform him that pursuant to New Washington law, once a judgment is obtained I can take action to have his driver's license and vehicle registration suspended under the provisions of the Financial Responsibility Act, NWSA 45-6-124.

Statutory Law: Section 45-6-124 of the New Washington Financial Responsibility Act allows a judgment creditor to take action to suspend a debtor's driver's license and vehicle registration for nonpayment of any judgment arising from a motor vehicle accident.

Demand letter : A demand or advocacy letter is designed to persuade someone to take action favorable to the interests of the client or cease acting in a manner that is detrimental to the client. Like the opinion letter, the attorney signs a demand letter. It does not contain an answer/conclusion section in the body because it does not address a question that requires a brief answer. It is designed to advocate a position and persuade the reader; therefore, it is written in a persuasive manner.

The body of a demand letter follows the same basic format and is composed of elements similar to the body of the opinion letter:

1. Introduction/Opening- The introduction of a demand letter is somewhat different from the opening of an opinion letter. It begins with the identification of the writer or the client. A statement of the purpose of the letter follows the identification. It establishes the focus of the letter and identifies the problem addressed and the relief sought.

2. Facts- The content of the fact section is the same as in the opinion letter, except that you should present the facts in a persuasive manner, similar to the persuasive presentation of the facts in a court brief.

3. Explanation- This section presents the legal authority in support of the relief requested. This section of a demand letter differs from the explanation section of an opinion letter in that you should draft the section in a persuasive manner.

4. Closing/Conclusion- Like the closing of an opinion letter, the closing of a demand letter is usually not a separate section. It is usually the last paragraph of the explanation section. The closing should restate the relief requested and indicate what the next course of action may be.