civil-law real-estate litigation hoa demand-letter
Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?
<p>I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't give me legal representation in litigious matters or any continued counsel past the demand letter. Any further services would be an out of pocket expense. In my research, a demand letter is a &quot;presuit&quot; type of action. Does sending a demand letter signal to the other party that we are gearing up to litigate in court? Does the signal seem somewhat misguided if I don't have continued support from my lawyer for whatever happens next (even if no lawsuit occurs, e.g., further communications with the other party)?</p>
<p>It seems like we will be committing some kind of &quot;<a href="https://www.merriam-webster.com/dictionary/faux%20pas" rel="nofollow noreferrer">faux pas</a>&quot; if we are not completely prepared or understanding of the message we are sending.</p>

<p>A demand letter often serves as a threat of legal action, but it is in no way a promise of or commitment to legal action. Indeed it is often a bluff, sent by a party with no intent to bring suit, in hopes of frightening the other party into compliance or compromise. There is nothing illegal in such a use of a demand letter. Some might consider it immoral, some perfectly moral. Some might consider it moral if and only if the demand was perceived as just.</p>
<p>Nor is there any need to inform the other party what arrangements you have with your lawyer, or whether you are willing to pay the costs of a follow-up suit. If the party knows or suspects that you cannot afford to sue, or will not spend the time and provide the funds needed to sue, the letter may be given less weight by the recipient.</p>
