What Should I Do If I Have Been Threatened With a Civil Lawsuit?

Sometimes instead of bring a lawsuit, a person with a dispute will first send a letter demanding relief.  Sometimes called cease and desist letters, or demand letters, these will usually be written by an attorney, list potential claims against you, and demand a response within a specified time frame.

Here are some things you should know:

• The letter is not an order of the court, however strong the language used in it.  This means the stated deadline has no force of law, and you do not have an obligation to respond.
• That said, it is usually a good idea to respond after you have had a chance to consult with an attorney.  If there is a way that the dispute can be resolved reasonably before spending the time and money responding to a civil lawsuit, the demand letter stage is a good time to explore those possibilities.
• You should also be careful to preserve any documents or evidence you have relating to the dispute, whether you think it is helpful or not.  Once you are on notice of a potential lawsuit, you have a duty to preserve relevant evidence, and courts can impose serious sanctions if anything is lost or destroyed after that.

Learn more here about responding to a cease and desist letter.

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