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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.

Need Help With a Threatened Lawsuit?

Call (781) 784-2322
OR
Schedule a Free Information Call
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​Sharon MA 02067

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Chester MA
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Chester MA 01011
(413) 667-2322
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Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog