Demand Letter to potential defendant in lawsuit - need disclaimer language

Q: How to draft an answer to a lawsuit

See the full attorney answers on the linked page.

Q: Is there a difference between a sworn statement and a notarized statement?

See the full attorney answers on the linked page.

Q: "WHAT EXACTLY IS A NOTICE OF CASE MANAGEMENT CONFERENCE?"

See the full attorney answers on the linked page.

Q: Dismiss by Stipulation

See the full attorney answers on the linked page.

Q: Can I sue someone in civil court for making a death threat against me

See the full attorney answers on the linked page.

Q: Florida civil procedure rules allowing co counsel to participate in a lawsuit

See the full attorney answers on the linked page.

Question

Demand Letter to potential defendant in lawsuit - need disclaimer language

Anonymous Jul 23, 2011 Litigation 3 views 3 answers

I am sending a demand letter to a company that totally screwed me on a service. They are regulated by the government and are highly rated by BBB. So I am sending a letter telling them all of the trauma and anxiety they have caused and the damage to my marriage (all true but too long a story for here). I want to ask them for $6K in restitution for emotional distress but I also want to reserve the right to rescind the offer and slam them for far more if I have to hire a lawyer and fight. What's a good standard line to put at the end that preserves my right to take them to the cleaners if we can't reach an agreement?

Frank Chen · Answer 1 · 2026-06-15T10:35:19+00:00

You do have a tough case. If you are writing a settlement demand letter, I suggest that you end the letter with: "The foregoing is an offer of compromise, and as such, is not admissible as evidence under California Evidence Code sections 1152 and 1154, and Federal Rules of Evidence Rule 408. This settlement offer shall remain open until 5:00 p.m. on August xxx, 2011, at which time it shall expire by its own terms. I look forward to your favorable response."

Robert Stempler · Answer 2 · 2026-06-15T10:35:19+00:00

Please take a look at the sample letters 2.1 to 2.4 and the letter-writing suggestions on my web site, which may help you with some standard language to a bad company/service provider. Also, I have recently posted on my blog about how unreliable BBB ratings can be. I have linked to that posting, below. Robert Stempler (please see DISCLAIMER below) www.StopCollectionHarassment.com

Michael Haber · Answer 3 · 2026-06-15T10:35:19+00:00

You can say something like, "The terms hereof are without prejudice to all lawful rights and remedies that may be available to me." Bear in mind, however, that in most jurisdictions, damages for emotional distress are not easy to collect. Good luck to you.

Demand Letter to potential defendant in lawsuit - need disclaimer language

Attorney Answers

People Also Asked

Browse by Practice Area

Browse by State