Isn't it standard practice for a competent lawyer to mail a demand letter for a client via certified mail with return receipt?

Business 4 views 2 answers
I hired an attorney to write a demand letter for me, and send it to a business owner who had hired me for a short term project, which I completed. I never got paid as the owner that hired me claims that he never hired me. Wouldn't it be standard practice when an attorney sends a demand letter with a cutoff date to pay to do so by certified letter w return receipt? The demand letter stated that he had to pay x amount by y date, or we would file a breach of contract lawsuit forthwith. In Nevada, you need to show proof that a demand letter be sent via certified mail w return receipt, before they will let you file a small claims lawsuit. My attorney sent the letter with a 49 cent stamp, no certified letter, and no return receipt!! And charged me $1000 and took 6 weeks to send it!!

Attorney Answers

2
Andrew H. PastwickContracts / Agreements LawyerLas Vegas, NV ·
Based on the facts provided, a certified letter is only required for small claim's court. Demand letters for justice court and district court are not required and often sent via e-mail, fax and regular mail. Maybe your attorney was planning on filing the matter in District Court or Justice Court. A breach of contract claim's statute of limitations is six years; therefore, you can resend the letter yourself certified w/ return receipt.
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Donald Erich LowreyTax LawyerLas Vegas, NV ·
I am sorry to hear about your difficulty. You have a self-remedy. Write a new demand letter and send it by certified mail, return receipt. That satisfies the small claims requirement. Your issue with your former attorney is a separate matter. Call him/her and discuss your concern. Usually there is some issue involving protecting your rights, that when explained, will make sense. Good luck with your small claims case.
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