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Demand letter
Demand letterA letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default. Demand letters are not always prerequisites for a legal suit but there are exceptions such as legal action on promissory notes or if the contract requires it. Basically, a demand letter sets out why the payment or action is claimed, how it should be carried out (eg. payment in full), directions for the reply and a deadline for the reply. Demand letters are often used in business contexts because they are a courtesy attempt to maintain some goodwill between business parties and they often prompt payment, avoiding expensive litigation. A demand letter often contains the "threat" that if it is not adhered to, the next communication between the parties will be through a court of law in the form of formal legal action. RELATED TERMS-------------------------------------- Letter 1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue. Lawyer A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister. Client Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters. Payment 1) Contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solvere dicimus cum quis fecit, quod facere promisit. But though this is the general acceptation of the word, yet by payment is understood, every way by which the creditor is satisfied or ought to be, and the debtor, liberated for example, an accord and satisfaction will operate as a payment. 2) Pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration; this plea must conclude to the country. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Default "1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. Demand Contracts. A claim; a legal obligation. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Exceptions Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers. Notes Practice. Short statements of what transpires on the trial of a cause; they are generally made by the judge and the counsel, for their Own satisfaction Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Reply The response by a party to charges raised in a pleading by the other party. Courtesy Courtesy or curtesy. Scotch law. A right which vests in the hushand, and is in the nature of a life-rent. It is a counterpart of the terce. Attempt An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution. Goodwill An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Litigation A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. Communication Contracts. Information; consultation; conference. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Court A body in government to which the administration of justice is delegated. SIMILAR TERMS-------------------------------------- Demand Contracts. A claim; a legal obligation. Demand in reconvention In Louisiana, this term is used to signify the demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Demandant Practice. The plaintiff or party who brings a real action, is called the demandant. Demarche A word coined by the diplomatic community and referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches are often precursors to hostilities or war. In September, 1996, for example, US President Clinton issued a demarche to Iraqi President Saddam Hussein when intelligence reports showed troops massing along the border of Kurd communities. PREVIOUS AND NEXT TERMS-------------------------------------- Delinquent Civil law. He who has been guilty of some crime, offence or failure of duty. Deliverables Pay structure similar to milestones, usually based on completion of some portion of the job. Deliverance Practice. A term used by the clerk in court to every prisoner who is arraigned and pleads not guilty to whom he wishes a good deliverance. Demand Contracts. A claim; a legal obligation. Demand in reconvention In Louisiana, this term is used to signify the demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Demand letter Demandant Practice. The plaintiff or party who brings a real action, is called the demandant. Demarche A word coined by the diplomatic community and referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches are often precursors to hostilities or war. In September, 1996, for example, US President Clinton issued a demarche to Iraqi President Saddam Hussein when intelligence reports showed troops massing along the border of Kurd communities. Demesne English law. The name given to that portion of the Iands of a manor which the lord retained in his own hands for the use of himself and family. Demesne land Land reserved by the lord of a manor for the use of himself and household. Demidietas This word is used in ancient records for a moiety, or one half. We thank you for using the Juridical Dictionary to search for Demand letter. If you have a better definition for Demand letter than the one presented here, please let us know by making use of the suggest a term option. This definition of Demand letter may be disputed by other professionals. Our attempt is to provide easy definitions on Demand letter and any other medical topic for the public at large.
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