How to Write a Demand Letter

Posted September 30, 2010 by Preston Clark & filed under Legal Tips.
A well constructed demand letter can be a very powerful document.
Demand letters can be formal letters written by an attorney on behalf of a client demanding
payment or some other action from another party. They can also be less formal and written by
one individual to another demanding payment. In both instances they are an attempt to avoid
litigation and expedite a resolution.
Find more sample demand letters here>>
While demand letters may be written for several reasons, most are written when someone owes
you money. There is no single format for drafting a demand letter but there are certainly
guidelines that can help you draft an effective one. If done correctly, a demand letter can be just
the thing to persuade the other party into paying up.
In general a demand letter includes: 1) what payment or action is demanded; 2) why the payment
or action is being demanded; 3) what are the consequences for non-payment; and, 4) a time limit
time limit to comply with the demand letter.
Before you begin putting the letter together, consider the relationship you have with the person
who owes the money. Is this a friend or relative. Is it important to maintain a personal
relationship with that person? Is it a contractor, business, or individual with whom you may have
future dealings? This consideration is important because it will help to determine the tone of the
demand letter. If you are not going to hire an attorney to do this for you, its important to draft
the demand letter with as little emotion as possible. As they say, stick to the facts.
The first part of the letter will be a review of the facts that led to the writing of the letter. The
facts are important because this is the basis of your demand. Getting the facts straight now is also
good preparation should the matter end up in court.
Next you will need to discuss why the person owes you money. Did you do a job for him/her and
they never paid you? Did he/she borrow money and refused to pay you back? Did they destroy
your property and refuse to pay you? This section should be clear and concise.
Then you will outline what the consequences will be for non-payment. Remember here that you
catch more flies with honey than vinegar; so you want to be polite and respectful. The demand
letter is by nature a threatening document so theres no need to express any extra hostility.
Hopefully this will help you reach some agreement. Perhaps, instead of threatening to take them
to court, you could suggest meeting to discuss options or perhaps enter mediation. Remember
that an angry letter may bring about an angry response and further delay the resolution. If the
goal is to put the matter to rest as quickly as possible, writing a nasty demand letter is not the
right approach.

Finally, the last component of the demand letter should be a time limit. Give him/her a
reasonable time frame to pay the debt or agree to a payment schedule. Make it very clear that
he/she must respond to the letter within a set time period. If you leave it ambiguous, you are
setting yourself up for further delays.
The Law Insider Sample Demand Letter
Joe Owe
75 Debt Lane
Pittsburgh, PA 15216
(412) 555-2176
[email protected]
21 June 2010
Dear Mr. Owe:
In June of 2009 I painted your home for a contract price of $10,000. While you made the first
two of the contract payments as agreed, you have refused to make the final $3,500 payment. I
have made repeated attempts to collect, but you have not come forward with the money. I am
requesting that you make the payment in full by 21 July 2010, or make specific arrangements to
pay the balance.
I will expect a response to this letter no later than 1 July 2010. If this matter is not resolved by
the time specified above, I reserve the right to commence legal proceedings to recover the debt
without further notice to you and this letter may be tendered in court as evidence of your failure
to pay.
Sincerely,
Pat Smith
56 Money Way
Pittsburgh, PA 15226
(724) 555-6712
[email protected]

Find more sample demand letters here>>

The letter that you write should be professional looking it should be typed on a computer or
typewriter. Now that the letter is written and sent, sit back and wait patiently during the time you
have offered. Dont call and harass or try to intimidate the other party.
Remember, you do not need a lawyer to write your demand letter; you can write the demand
letter yourself and save yourself the cost of hiring an attorney. However, if you have any
reservations about drafting a deman letter yourself, you should at least talk to attorney about your

situation. If you have any questions about our sample demand letter, feel free to shoot us an
email.
Sample Demand Letter #2
(letter head)
[DATE]
[DEBTOR]
[STREET ADDRESS]
[CITY][STATE][ZIP]
Re: Collection of Fees for [ITEMS]
Dear [DEBTOR]:
Your outstanding debt is now [X] days passed due. As you know, failure to pay this debt is a
breach of contract. At this point in time we are prepared to proceed with legal action. Any future
correspondence will come directly from our attorney.
We would like to extend a final opportunity for you to to avoid an escalation of this matter.
Accordingly, please remit full payment within ten (10) days of this letter.
If you have any questions, please feel free to contact me directly.
Sincerely,
[YOUR NAME]
[PHONE]
[EMAIL]
Sample Demand Letter #3
(LETTER HEAD)
15 October 2012
Ms Agatha Smith
Gold Limo
27 E. Madison, #34
Miami, Florida 33139
RE: OUTSTANDING MONEY
Dear Ms. Smith,
I am writing to inform you that invoice # XXXX is past due.

The total amount owing is $7,592. This amount relates to website design and hosting services
that I provided by agreement with you for 20 hours each month in the months of May, June and
July 2012. I refer your to the attached invoice dated August 10, 2012 that was due for payment
by September 1, 2012.
I ask that you pay the entire outstanding amount by October 15, 2009. Your failure to pay this
amount will force me to escalate the matter. If payment is not received on time, I will start legal
action against you to recover the debt without further notice. Legal costs and interest may be
added to the debt.
Yours sincerely,
Spencer Morris

How to Demand Payment in a Letter

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With all the news on television about this high-profile court cases, you may think that you have to go
straight to court to get any results. Court can be quite expensive, however. Many times the best first step
that you can take is to compose a well-written demand letter.
A demand letter is a document that you give to the person that you think owes you money. Within the
letter, you set out why you are entitled to the payment and demand it. You'd be surprised how often a
simple demand letter can work without you having to go to court.

Reasons for a Demand Letter

The simple reason that you need a demand letter is to let the other side know that you are serious in your
desire for payment. Many times the people that owe you money think that you won't seriously go after
them for payment. However, their feelings and thoughts often change after receiving a demand letter that
sets out the reasons why you feel that you deserve payment and states that if you do not receive what is
owed to you, you plan on going to court.
The demand letter is often the first time that the other party will realize that you are serious about
collecting the money that is due to you and that you will take it to court if need be. In addition, the other
party may finally realize that if they do not pay up, they will have to spend time and money to publicly
defend their position.

The Structure of a Demand Letter

1.

Lay Out Your Reasons -- The first thing that you should do in a demand letter is lay out what
happened. This may seem strange to you because the other party should know what happened.
However, it is always best to put a detailed description of the events in writing. If you end up going to

2.

3.

4.
5.

court, the letter can be introduced as evidence on your behalf. Keep in mind that the judge will have
no idea of the circumstances.
The Golden Rule: Be Polite -- You should always keep this in mind while you are writing the
letter. Although you want to be firm in your letter, you do not want to anger the other party. If you
personally attack the other party or insult their integrity, the letter is less likely to work. Instead of
writing angrily, write in a businesslike manner. If you can, be sure that the other party sees what they
stand to lose in terms of money, the time they would have to spend defending themselves, and the
fact that the dispute would become public. The more that you can show the other side that it is better
to agree with the letter, the better off you will be.
Ask For What You Want -- There are too many times when great demand letters go out the
window. This often happens when there is not a specific demand within the letter. Be sure that you
include what you want in the letter. If you are demanding money, demand a specific amount of
money and have reasons to back it up. If you want the other party to do something (such as move
their fence), be sure that you list exactly want you want to happen (eg, move the fence back by three
feet).
Be Professional -- Do not handwrite a demand letter. Instead, use a computer or a typewriter. If
you have your own stationary or letterhead, use it.
Threaten an Alternative -- Remember that you are giving the other party a choice when you
write a demand letter. They can either accede to your demands, or you will take it a step further. A
common example of an alternative is "if you do not agree to the demands of this letter, I will take
action against you in small claims court."

To see this all in practice, here is a sample demand letter:

123 Dearborne Avenue
Eight Floor, Suite A
Homer, AK 99603
December 2, 2009
Dear Mail-A-Fish,
On October 12, 2009, I purchased a whole halibut fish from your company. As advertised, you shipped
the fish to me on the next business day via overnight delivery and I received the halibut on October 13,
2009. However, during transit, the fish went rotten and I was unable to eat it.
You advertised that any fish that you shipped via overnight delivery would be packed in a cooler with at
least two pounds of solid carbon dioxide (dry-ice). However, my fish arrived at my doorstep packed only in
a cardboard box lined with a garbage bag.
I have attempted to get a refund through your customer service department and have sent photographs of
the rotten fish and deficient shipping materials as requested. However, after nearly two months, I have still
not received a refund of the $250.12 purchase price I paid.
Your customer service department states that they cannot refund my purchase price because my fish was
not lost in transit.
I have spoken with the delivery man that delivered the fish to my doorstep and he is willing to testify that
he delivered a package to my doorstep that was shipped from Alaska and had a rotten-fish smell
emanating from the box. In addition, my neighbor, who was with me at the time the package was
delivered, is willing to testify that she saw the return address of your company on the box before it was
opened, and that she also saw the rotten fish and the invoice for my purchase contained with the box
from your company.

I have enclosed a copy of the invoice for my purchase. Please refund my purchase price of $250.12 to my
American Express card on or before December 15, 2009. I will call American Express on December 16 to
see if my purchase price has been refunded. If it has not, I will file this matter with the small claims court
to recover my purchase price.
If you have any questions, I can be reached at (907) 123-1234. You can also e-mail me at
[email protected].
Sincerely,
Freddy Funky
- See more at: http://litigation.findlaw.com/filing-a-lawsuit/how-to-demand-payment-in-aletter.html#sthash.kzN8jAD5.dpuf

Litigation is expensive. As a result, it is often best to resolve a dispute between

parties as soon as possible without racking up immense attorneys fees. The
demand letter is often a great option for accomplishing this goal, and they can
be sent by both attorneys and non-attorneys alike.
A demand letter is basically just a concise and clear letter demanding
payment. Many businesses and individuals that owe money to another party
know that they owe that money, but they just dont think the other party is
going to do anything about it. A firm letter threatening lawsuit if payment is not
received oftentimes induces these parties to settle the dispute sooner rather
than later.

Introduce the Facts

The first thing to do when writing a demand letter is to review and recite the
facts underlying the dispute. It is not necessary to go into great detail, but the
letter should include enough facts to give an outside observer enough
information to understand what gave rise to the dispute.

Make a Specific Demand

The letter should specifically state what relief is requested and how the writer
can be made whole. This may include a demand for a specific amount of
money or the return of a specific piece of property.

Threaten a Lawsuit
Finally, threaten the alternative of filing a lawsuit. The other party should know
that inaction on his or her part will lead to the sender seeking relief in court.

Professional Appearance
One common sense consideration to keep in mind is that the letter should look
professional as possible. The more professional the letter looks, the more
likely it is that the other party will know that the sender truly means business.
Also, it is advisable to stay polite, even if the letter is firm in tone. This means
avoid personally attacking the other party. This will make the other party more
open to settling the dispute.
When we represent litigation clients, we like to start with a demand letter. If
the dispute can be resolved quickly and without needing to go to court, our
clients save both time and money, two of the most important goals when
settling disputes.
From the Author: VC Law Group | California Litigation Lawyers
Debt recovery letter of demand
Community Arts, Cult Dev, Festivals, Design, Fashion, Film, Video, TV, Broadcasting , Games, Literature /
Writing, Multimedia, Digital, New Media, Music (Including Performers), Performance (not Music), Photography, Visual
arts and craftsDebt

This information sheet explains the function of a letter of demand for debt recovery. It
includes a sample letter of demand for the recovery of money following your supply of
goods or services (eg. sale of artwork, performance fees) to a person or organisation.

In this information sheet:

1. What is a letter of demand?
2. Why send a letter of demand?
3. How to respond to a letter of demand
4. SAMPLE LETTER OF DEMAND
5. Further information

What is a letter of demand?

A letter of demand is sent to a person or organisation who owes you money (a debtor)
following your supply to them of goods or services (eg. sale of artwork or performance
fees). The letter advises the debtor of the amount outstanding and threatens court action to
recover the debt if it is not paid within a certain time. A sample is provided below which can
be used as a guide.

Why send a letter of demand?

A letter of demand serves two purposes. First, it warns the debtor of your intention to
commence legal proceedings unless payment is made and gives the debtor one more
opportunity to pay. Secondly, the letter is a document which may be tendered in evidence
during court proceedings as written proof of your claim of the debt owed and your attempt to
settle the matter.
Copies of any relevant documents such as contracts, letters of agreement, invoices, etc,
should be listed and attached to the letter of demand to assist the debtor to identify the
transaction and their liability to pay.
It is advisable to send the letter of demand by registered post or fax to confirm receipt and
don't forget to retain a copy for your records. Only one letter should be sent and you should

be prepared to act on your threat to initiate legal action otherwise the debtor may simply call
your bluff.
When sending a letter of demand, you should be careful not to:

harass the debtor they have the right to complain about this behaviour to particular
government agencies and the police; and

send a letter which is designed to look like a court document because this is illegal.

How to respond to a letter of demand

Do not ignore a letter of demand from a creditor or debt collection agency for monies
owing.

Carefully check the letter and if there are any matters that are unclear or if you
require further details, write to the creditor (and keep a copy of the letter).

Seek legal advice if the claim is disputed. For example, if it is an arts-related matter
(eg. dispute with an arts agent or organisation) contact the Arts Law Centre of
Australia. If it is non-arts related (eg. a dispute with a bank or a retailer) then a
community legal centre that specialises in financial counselling may be able to
assist.

If you do not dispute the claim, contact the creditor and attempt to negotiate
settlement of the matter on a 'without prejudice' basis. This means that you can try to
reach a compromise without putting at risk your legal rights, that is, you are keeping
open the option that you may take a different stance if the matter ends up in court.

If you are the creditor sending the letter of demand and the debtor contacts you in
response, negotiating on a 'without prejudice' basis can be particularly useful as you
do not give up the right to sue for the full amount if a satisfactory compromise is not
made.

SAMPLE LETTER OF DEMAND

Dear [name]

I enclose [attach documents appropriate to identify the amount owing, e.g. a copy of
my original invoice dated [date] OR a copy of our contract].
I demand that payment of the full amount be paid to me at the address stated below
within [no. of days usually 7 or 14 days] days from the date of this letter.
* [OPTIONAL: Alternatively, and without prejudice to my rights for full recovery of the debt, I
am prepared to:
[include whatever is appropriate, eg

accept the amount of $[a lesser sum] as full and final settlement of the debt if paid
within 7 days [or other appropriate period] from the date of this letter.

accept instalments of $[amount] per week/month until the debt is fully paid, the first
instalment to be paid on [date] into [specify address/bank account details] and
thereafter on the first working day of every week/month until the debt is fully paid.] *

If this matter is not resolved by the time specified above, I reserve the right to commence
legal proceedings to recover the debt without further notice to you and this letter may be
tendered in court as evidence of your failure to pay.
Yours sincerely
[your name, address and other contact details]

Unlawful Detainer
From time to time, a dog attack leads to an unlawful detainer case, otherwise known as an "eviction."
The Web contains much good information for tenants and landlords who are involved in (or are
considering) eviction.
For example, the Ventura Superior Court has published a good checklist of requirements for a
California eviction, entitled Intake Assessment/Triage in Unlawful Detainer Cases.
It is important to note that evictions require perfection on the part of the landlord. Using the wrong
forms, filling them in incorrectly, failing to serve the paperwork on the tenant properly, and a host of

other defects can make the eviction fail. Therefore landlords and tenants are advised to retain a good
attorney when the prospect of an eviction arises.
For example, the three-day notice to pay or "quit" (i.e., surrender the premises to the landlord) must
be served on the tenant exactly as provided by statute. The California statute (Code of Civil
Procedure secton 1162) states the following:
The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his
or her usual place of business, by leaving a copy with some person of
suitable age and discretion at either place, and sending a copy through
the mail addressed to the tenant at his or her place of residence; or,
3. If such place of residence and business can not be ascertained, or a
person of suitable age or discretion there can not be found, then by
affixing a copy in a conspicuous place on the property, and also
delivering a copy to a person there residing, if such person can be found;
and also sending a copy through the mail addressed to the tenant at the
place where the property is situated. Service upon a subtenant may be made
in the same manner.
If the landlord knocks on the tenant's door and there is no answer, section 1162 requires that the
notice be affixed in a conspicuous place and also mailed. Leaving it on the door is insufficient. The
three-day period to pay or quit begins running from the first day that the notice was mailed (if it was
posted before it was mailed), or the first day that it was posted (if it was mailed before it was posted).
Walters v. Meyers (1990) 226 Cal.App.3d Supp. 15, 19-20 [277 Cal.Rptr. 316, 318-319] (service of a
three-day notice is effective from the date the notice is mailed, not from the date the tenant received
it). See California Practice Guide, Landlord-Tenant, Paragraphs 7:186-7:188.2 (Rutter Group 2005)
(mailing three-day notice does not extend time to respond).

April 22, 2014

Do you need lawyers in debt collection?

The obvious answer is NO, you dont need lawyers BUT they are certainly HELPFUL. Squeezing out money
from your borrowers can be taxing and what can one really do when the borrower tells you I do not have
funds right now?

Hiring a lawyer to collect your debt can certainly take that burden off. While it is not advisable to file cases in
court, there are times when that is the only option left. Then youll need lawyers.
So what can a lawyer do for you? Initially, they will send a demand letter to your borrower, stating the amount
owed and indicating the penalties and interests if there are any. The letter should clearly state the demand to
pay and the period within which payment should be made. If unheeded, the lawyer is given the right to file a
court case.
Once a court case is filed, the judge will ask the parties to come up with a reasonable settlement of the debt. If
the debt is denied, a full blown trial may be expected as matters of evidence will now be considered. If, on the
other hand, the debt is admitted, all you need to discuss is the mode of payment.
Modes of payment can vary from installment basis, dacion en pago, and novation. These modes will be
discussed in detail in my next article. When the parties agree to a mode of payment, a settlement agreement is
signed. If borrower still fails to pay despite the agreement, the lender will simply have to go to court and ask
the judge to enforce the signed agreement.
Finally, a lawyer is also not needed when filing small claims. Debts which are less than 100,000 Pesos are
considered small claims. The lender may go directly to court without the need of legal representation. He or
she just have to fill out a ready form and then pay the filing fees.

Unlawful Detainer
Unlawful Detainer Cases are all about speed and efficiency to Notice, Serve
and File. To meet this demand, First Legal Network has created its own
Unlawful Detainer Division within First Legal Network, its core Attorney
Service group. Our team of knowledgeable experts will guide you throughout
the entire process, start to finish.
In many Residential Cases the property may or may not be occupied;
sometimes the tenant may even be unaware of an impending foreclosure.
Under this scenario the First Legal Support Services - Unlawful Detainer
Division can effect Service of Process and Post Notice to Vacate Premises
or the Notice to Quit. Once complete, our Unlawful Detainer Division will
expedite the Proof of Service to ensure a quick turnaround in preparation for
the filing of the Summons and Complaint, formally beginning the Judicial
Foreclosure Process if necessary.
For Commercial Properties, the process typically begins once the rental
payment is past due or there is a breach of the lease covenant. This is usually
handled with a 3 or 10 Day Notice to Pay Rent or Quit or Notice to Perform
Lease Covenant. In most cases, a resolution can be reached once the notice

is served and will not require the filing of the Summons and Complaint. The
First Legal Support - Unlawful Detainer Division Team can support either
scenario.
Demand Letter preparatory to filling an ejectment case Section 2,
Rule 70 of the Rules of Court
RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER
Section 1. Who may institute proceedings, and when.
Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against whom the possession of any land or
building is unlawfully withheld after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or the legal representatives or
assigns of any such lessor, vendor, vendee, or other person, may, at any time within one
(1) year after such unlawful deprivation or withholding of possession, bring an action in
the proper Municipal Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.
Sec. 2. Lessor to proceed against lessee only after demand.
Unless otherwise stipulated, such action by the lessor shall be commenced only after
demand to pay or comply with the conditions of the lease and to vacate is made upon
the lessee, or by serving written notice of such demand upon the person found on the
premises, or by posting such notice on the premises if no person be found thereon, and
the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5)
days in the case of buildings.
Ejectment Case: Forcible Entry or Unlawful Detainer
An ejectment case is a summary proceeding designed to provide expeditious means to protect
actual possession or the right to possession of the property involved (Barrientos v. Rapal, G.R.
No. 169594, July 20, 2011). It is expeditious as it is governed by the Rule on Summary
Procedure, a special rule where extra pleadings and motions (other than the Complaint and
Answer), otherwise available in an ordinary civil action, are prohibited precisely to insulate it
from unnecessary delays. The main issue to be resolved here is the issue of possession or the
right to hold possession.

If youre a lessor of real property, you may, if you havent already, have to resort to the remedy of
ejectment in cases where a lessee withholds possession of leased property after the latters right
to hold the same has already terminated, as where lessee has failed to pay rental, or has failed to
comply with the conditions of the lease contract, in which case it is called Unlawful Detainer.
It is also available where a present possessor has held possession of a subject property at the
tolerance of the owner or the one entitled to its possession, and thereafter refused, after demand
to vacate has been made upon him, or continues his possession thereof. In this case, an
inceptively lawful possession has become unlawful, when the tolerated possessor refused to
return the property upon demand by the rightful possessor or owner. Anyone, whose stay in the
property is merely tolerated, is bound by an implied obligation to vacate and return the same to,
upon demand of, the rightful possessor or owner.
Note that even the owner of the property may be sued for ejectment when he deprives another of
lawful possession, as in a case of a lessor depriving or ousting a lessee, who has been compliant
with his obligations under a lease contract, of possession thereof.
Another species of ejectment is Forcible Entry. It is the same special proceeding as Unlawful
Detainer, but the means whereby the lawful possessor or owner of the subject property has been
deprived thereof are: Force, Intimidation, Strategy, Threat, and/or Stealth (FISTS). Anyone who
has been ousted of possession to a real property by a "strong hand" using any of the means
mentioned, may resort to this summary remedy to restore him immediately to possession.
In both cases, ownership is not imperative in order for a plaintiff to acquire legal personality to
sue, as again, the issue is mere right to possession. In unlawful detainer it is indispensable or
jurisdictional that a demand to pay rental or comply with the conditions of the lease and vacate
is made before an action may properly be filed. Accordingly, absence of such prior demand could
lead to the dismissal of the case. However, the same is not true in forcible entry.
In both cases, resort to barangay conciliation is condition precedent, meaning that the opposing
party may raise as objection the fact that the dispute has not been referred to the barangay
authorities for conciliation, and the same may be ground for the dismissal of the action.
However, it is not jurisdictional, meaning that it may be waived by such opposing party. It is
deemed waived when the opposing party failed to timely object to the fact of its (barangay
conciliation) absence.
Both actions must be brought (filed in court) within one year. The period of one year is reckoned
from, in the case of forcible entry, the date of actual possession if the deprivation or the ground
for the action is force, intimidation, or threat; and the date of discovery and prohibition if the
deprivation or ground for the action is strategy or stealth. In unlawful detainer, the period of one
year is counted from the date of last demand.
In the case of forcible entry, the possession is unlawful/illegal from the very beginning, while in
unlawful detainer, it is inceptively lawful until the defendant refused and failed to vacate, after
demand is made upon him by the plaintiff. Demand is made upon the termination of the
defendant's right to hold possession of the subject property, either by expiration of contract,
breach of terms of the contract, or when an owner who tolerated the defendant's stay has
manifested its intention to use the property effectively ending the tolerance.

In both cases, the provisional remedy of preliminary injunction and/or temporary restraining
order (TRO) is available under the provision of Rule 70, on forcible entry and unlawful detainer,
and in relation to Rule 58, on preliminary injunction and/or temporary restraining order.

Personal Injury Demand Letter Example

by Judge Anthony P. Calisi (ret.)

A personal injury demand letter summarizes the history of your personal injury claim for the insurance
adjuster. It begins at the point of impact and ends with your last day of treatment. It guides the adjuster
through all you've lost as a result of the insured's negligence.
A well-written demand letter can effectively limit the adjuster's options for objecting to the amount of
your settlement demand.

The Elements
There are key elements to any effective demand letter that must be listed and defined. Each element
provides separate but vital support to your claim. Elements of a powerful personal injury demand letter
include:

Summary of the facts surrounding the collision

Confirmation of the insured's liability to the exclusion of yours

Detailed list of injuries and medical expenses

List of out-of-pocket expenses

Confirmation of lost wages

Statement of your ongoing pain and suffering and emotional distress

Your supporting documents

Your settlement demand amount

"For Settlement Purposes Only"

The personal injury demand letter should begin with the words: For Settlement Purposes Only. This
statement is used by attorneys and tells the claims adjuster the letter cannot be used as evidence at any
upcoming trial.
Imagine you and the claims adjuster had been negotiating your initial demand of $25,000. After extensive
negotiations, you agreed to lower your demand to $10,000. The adjuster refused and negotiations broke
down, so you filed a lawsuit. Your lawsuit asked for $25,000.
If settlement discussions were admissible at trial, the insurance company's attorneys could ask you under
oath if you told the adjuster you would settle for $10,000. You'd have to say "Yes". As soon as the jury
hears that you previously agreed to settle for $10,000, the chances of them making an award over that
amount would be all but gone.

Components of the Demand Letter

The personal injury demand letter should be professional in appearance and content. Proper punctuation
and spelling is imperative. Tabs are helpful to separate each supporting document, which can be referred
to as exhibits. For instance, Exhibit A could be the police report; Exhibit B witness statements; Exhibit
C medical bills.
Include the following information in this order:

The Heading

Your name, address and contact information should be clearly displayed at the top of the letter.

The name of the insurance company, the adjuster's name and title, the insurance company street
address, city, state, and ZIP code. (Wherever possible don't use abbreviations. Although E. Downtown
Ave. is the correct address, it is better to write East Downtown Avenue.)

The correct date.

The "For Settlement Purposes Only" statement.

Re: (or Reference:) followed by the claim number and information. The reference is very
important. Thousands of claims each day arrive at the insurance company. The mail clerks rely on the
reference information to route your claim to the right department. Letters without reference numbers are
often delayed in reaching the right person.

The Body

The introduction section lets the adjuster know your treatment has concluded and you are now
ready to begin in earnest settlement negotiations.

The background section reviews the accident and removes any hint of your culpability.

The injuries section sets out your specific injuries and the extensive treatment you required. Your
description should relate the full extent of mental and physical painyou endured at the point of impact and
through your entire course of treatment.

The liability section leaves no doubt of the insured's liability by referring to witness statements
and the insured's receipt of a traffic citation.

The special and general damages sections list the compensation you expect for:
1.Past and future medical and chiropractic expenses.
2.Out-of-pocket expenses
3.Lost wages

4.Past and future pain and suffering (emotional distress, mental anguish, loss of consortium)

The close thanks the adjuster for his assistance and gives a time frame for a response.
Demand Letter Example
STEPHANIE J. SMITH
16567 East 15TH Avenue
Dallas, Texas 75200
Cell Phone (555) 790-0582
Home Phone (555) 624-5037
[email protected]
Ingersoll Insurance Liability Inc.
Alan Dormer - Senior Claims Adjuster
112678 Northlake Avenue, Suite 100
Havenwealth, New York 11700
May 22, 2012
FOR SETTLEMENT PURPOSES ONLY
Re: Claim No. F-1285K
Your Insured: Sid Vinto
Date of Loss 06.01.2011
Claimant: Stephanie J. Smith
Date of Birth: 12.21.82
Dear Mr. Dormer:
As you know, on or about June 6, 2011, I was severely injured when your insured, Sid Vinto, failed to stop at a
red traffic signal and violently crashed into my car.
My doctors have advised me my condition has reached a level of optimal medical improvement. Although still
suffering, I have decided to bring this matter to a conclusion. In an effort to amicably settle my claim I have
prepared the following for your review. I have also attached supporting documentation.
Background: On or about June 6, 2011, at about 7:15 a.m., I was driving my 2007 Honda Accord northbound
on Magnolia Street. At all times I was paying attention to the road, traffic signals, and other vehicles in my line
of sight. I was also wearing my seatbelt.
As I approached the intersection of Magnolia Street and Orchid Avenue, I could see the traffic light was clearly
green in my favor. As I passed through the light, suddenly and without warning, your insured violently collided

with the front left quarter panel of my Honda. The severe force of the impact spun my car completely around. It
only came to rest when it struck a telephone pole.
My injuries: The immediate force of the impact:

Snapped my neck violently causing severe whiplash

Fractured my left tibia

Tore tendons in both wrists

Herniated my disk at the C-4 level

Lacerated my forehead and the skin above my left cheekbone

It took the Havenwealth Police Fire and Rescue over 15 minutes to respond to the scene. During that time I lay
in my car bleeding profusely and in severe pain. When Fire and Rescue finally arrived, they treated me at the
scene and transported me to the emergency room at Mailer General Hospital.
Subsequent to the collision and at the order of several treating physicians, I underwent several tests including
(but not limited to) a Magnetic Resonance Imaging Examination (MRI), Computer Axial Tomography
Examination (CAT Scan) and X-rays.
Since the day of the collision, I have endured months of painful treatment and therapy. I've incurred substantial
out-of-pocket expenses, and because my physicians have prohibited me from working, I've also lost thousands
of dollars in income. I worked at the Able Construction Company for 16 years. Due to my inability to work, my
employer had to find a replacement. As a result I was fired.
My recovery period has been long and agonizing. I haven't been able to sleep without pain for months. The
pain medication I've had to take has resulted in depression and insomnia. The tension from not being able to
provide income for my family has negatively impacted my marriage and relationship with my children.
Your Insured's Liability: Your insured's exclusive liability is clear. From the police report and witness
statements, your insured failed to stop at the red traffic light on Orchid Street. Witnesses said he was texting on
his cell phone, and when questioned by the police your insured admitted he was.
The police officers issued your insured a traffic citation for failing to stop at a red light. Your insured's actions
were the direct and proximate cause of the collision and my resulting injuries.
As a result of the violent collision I have incurred the following:
Special Damages:

Ambulance

$650.00

Emergency room treatment

$700.00

Past medical treatment

$4,200.00

Future medical treatment

$1,500.00

Chiropractic treatment

$1,600.00

Medications
Lost wages
Total amount of specials

$480.00
$6,200.00
$15,330.00

General Damages:

Emotional distress
Loss of consortium
Pain and Suffering

Total Damages:

$61,320.00

Thank you for your review of my personal injury demand letter together with its attached supporting
documentation. I would appreciate your response within the next thirty (30) days.
Yours truly,
Stephanie J. Smith

Attachments:

Writing A Demand For Payment Letter To

Collect On Past Due Invoices
Written by Allan Branch on Dec 9

Dont feel like reading? You can buy our demand for payment letter for $10
Im writing this article in collaboration with Anitha Cadambi, an attorney from California who actually
enjoys writing about the law!
Lets start with a hypothetical situation:
Beachy Design Studios, a Florida-based design firm, lands a big awesome website project in 2011 with
Mountain Top Hotel, a Colorado-based hotel chain. Beachy Design Studios uses a service contract and
Mountain Top Hotel signs the project, pays the deposit and the project starts. The contract is an hourly
one and the client pays each month after receiving an invoice. After six months, Mountain Top Hotel gets
behind on their payments, and after another 30 days of work Beachy Design Studios stops work.
First Line of Attack: Demand Letter often called a Demand for Payment Letter

Why a demand letter?

It starts the negotiation process between Beachy and Mountain Top. It lays the foundation for a well
thought out presentation of Beachys case to the court, if necessary. It presents a carefully crafted letter
rather than a verbal threat. A shouting match may not accomplish anything, and Beachy is better off
having a carefully crafted letter sent to Mountain Top where Beachy can at least pretend to be calm and
composed. At the end of the day, try to maintain a peaceful demeanor throughout your demand letter
process.

Why a demand for payment letter?

By sending a demand for payment letter, you are establishing the first blow but its more of a wimpy punch
that isnt a total knockout. But at this stage in the bout, thats ok. Its basically your attempt at being nice
and simply alerting the other side that they are late in their payments and should take note of the payment
owed.

Wait a minuteare demand letters really that helpful?

They can be. It boils down to the party you are dealing with. We hear people living in colder regions arent
as chilled out as us beach goers. But cold weather aside, the ultimate determining factor is that a demand
letter will serve its purposethat is, it makes a demand to the other side to either make a payment or set a
timeline within which said payment should be made. In the event that the payment is not made, the party
who sent the letter knows that its time to start a more formal, legal process, also known as lets go to
court.
What about demand for payment letters? Again, they can be. If Beachy and Mountain Top have a decent
relationship, and the only issue is that Mountain Top forgot to pay, we dont see why Mountain Top would
object. Things get a bit complicated the minute Mountain Top refuses to pay. At the same time, if you are
willing to compromise, you could even recommend working with the other side on easing payment terms.
For example: You can pay the amount due in installments of $5000 over three months. By offering a
solution, you are showing the other side your willingness to cooperate.

Typical Schedule for Demand Letters

Initial considerations:
o

The basic premise of your letter is this: State why you have a dispute, and that if this particular
attempt at negotiation fails, you will take the case to court.

Make sure you send the demand letter in a timely manner because waiting too long after your
claim becomes due could jeopardize your attempt at collection.

Particulars:
o

Use a letterhead. This makes the demand letter look official and formal. State why you are writing
the letter.

Outline the facts/story leading up to the demand letter in a chronological manner.

State the legal basis for your claim.

State how you will pursue legal action if your demand is not met, and include a timeline within
which the demand is to be met.

Do not threaten or use accusatory language, as this definitely wont help your cause!

Make and keep copies of your demand letter and any response received.

Use a mailing option that requires the recipient to sign for the document. This way, you know the
recipient actually received the letter and you can keep track of it.

Example Demand Letters

o

Self-help center sample

Docracy template

Just Need Help?

Buy our demand for payment letter for $10

Skeleton of a demand letter This is just an example and

should be tailored to fit your specific situation.
Mountain Top Hotel
1 Street
Leadville, Colorado
Re: Unpaid Invoices amounting to $15,000
Dear Mr. Mountain Top,
This letter is pursuant to your agreement to pay Beachy Design Studios for our services dated February
15, 2013 for the amount of $15,000.
{Include facts surrounding your issue here: how you had an agreement, the date of the agreement, what
you agreed to, and how payment hasnt been made based on this agreement.}

Your failure to pay as per the February 15, 2013 invoice amounts to a breach of contract.
Please acknowledge receipt of this letter within five business days. Please make your payment (insert
means of payment as per your contract terms) no later than March 15, 2013. If you fail to respond, I will
be compelled to pursue legal action.
Thank you in advance for your prompt attention to this matter. I look forward to hearing from you. If you
have any questions, please do not hesitate to contact me at (xxx)-(xxx)(xxxx).
Sincerely,
Beachy Design Studies
{Insert any relevant documents/copy of invoice to this letter.}

Skeleton of a Demand for Payment Letter

We previously wrote about collecting on unpaid invoices, the advice is still the same, focus on the
following essentials:
o

Using please, I request, thank you, and other words of kindness are a must.

Your tone should be soft and less assertive.

State why you are writing the letter.

Indicate the exact invoice that is overdue, by how much, and how a late fee might apply.

Attach a copy of the invoice to the letter so the client knows the specific invoice you are referring
to.

Indicate how you need an acknowledgement from the other side as soon as they receive your
letter.

Be clear about what you are asking for. Indicate a deadline within which payment should be made
and identify how payment should be made.

What if you have no contract, but have a verbal

agreement?
Oral agreements are honored provided the statute of frauds does not apply to the particular transaction.
However, oral agreements may be harder to prove. (Note: statute of frauds is a topic beyond the scope of
this article.) A court will look at all transactions and performance leading up to the date of dispute and
award a remedy accordingly.

Emails or letters as contracts? Remember, just because you did not have a seven-page service contact
typed up doesnt mean your contract wasnt in writing. If your email or other letter communications satisfy
the basic contractual requirements of offer, acceptance, and consideration, and no other legal issues
prevail, you might still have a written contract.

What if your contract has a vague statement of work?

A vague statement of work will create an issue at some point in the future so try to get it right the first
time. However, any potential vagueness argument is for the other side to bring up. You want to stick with
the fact that the statement of work is clear and that you are owed a certain amount as per the contract.
Further, any issue of ambiguity will be hashed out in court, and you should be prepared to show to the
court why your interpretation is correct. Typically, the court may decide to interpret the ambiguity against
the party who drafted the contract but this differs with every situation.

Will my demand letter be used in court?

Yes. You can use it to show the judge that you made a good faith effort to collect but failed. Typically, with
small claims cases, the court requires you to make a request for payment first before initiating a case in
small claims court. (For more about small claims cases in different states, please visit this website.)
DISCLAIMER: This article is just friendly advice and only reflects the personal views of a few
ordinary people. It may not be the kind of advice that you agree with nor prove to be helpful for
your situation. This article is not a substitute for legal advice from an attorney in your own state.
By using this website, you understand that there is no attorney-client relationship between you
and the author. We encourage comments and viewpoints but try to be nice!
Read on
o

Understanding Service Contract Legal Jargon

How To Hire A Small Business Attorney

Common Contracts For A Service Business

Graphic Design Contracts Explained

Free Photography Contracts

Writing A Demand For Payment Letter To Collect On Past Due Invoices

How to Make an Invoice

SAMPLE DEMAND LETTER

Posted October 12, 2012 by Preston Clark & filed under Legal Tips.

More Sample Contracts Available Here (free)>>

Joe Owe
75 Debt Lane
Pittsburgh, PA 15216
(412) 555-2176
[email protected]
21 June 2010
Dear Mr. Owe:
In June of 2009 I painted your home for a contract price of $10,000. While you made the first
two of the contract payments as agreed, you have refused to make the final $3,500 payment. I
have made repeated attempts to collect, but you have not come forward with the money. I am
requesting that you make the payment in full by 21 July 2010, or make specific arrangements to
pay the balance.
I will expect a response to this letter no later than 1 July 2010. If this matter is not resolved by
the time specified above, I reserve the right to commence legal proceedings to recover the debt
without further notice to you and this letter may be tendered in court as evidence of your failure
to pay.
Sincerely,
Pat Smith
56 Money Way
Pittsburgh, PA 15226
(724) 555-6712
[email protected]
The letter that you write should be professional looking it should be typed on a computer or
typewriter. Now that the letter is written and sent, sit back and wait patiently during the time you
have offered. Dont call and harass or try to intimidate the other party.
Remember, you do not need a lawyer to write your demand letter; you can write the demand
letter yourself and save yourself the cost of hiring an attorney. However, if you have any

reservations about drafting a demand letter yourself, you should at least talk to attorney about
your situation. TheLawInsider.com is here to help you draft your demand letter or put you in
contact with an attorney specializing in collections and demand letters in your area. If you have
any questions about our sample demand letter template, feel free to shoot us an email.

Demand for Money Owed Basics

This letter can be used by an individual or business to demand payment of a debt
or money owed. The easy interview process will even add calculate interest or add
fees for late payment.

Demand for Money Owed

You want to make a written demand for money owed.

Other names for this document: Demand Letter for Money Owed, Money Owed
Letter

Subpoena
[Latin, Under penalty.] A formal document that orders a named individual to appear before a dul
y authorized body at a fixed time to givetestimony.
A court, Grand Jury, legislative body, or Administrative
Agency uses a subpoena to compel an individual to appear before it at a specifiedtime to give tes
timony. An individual who receives a subpoena but fails to appear may be charged with Contem
pt of court and subjected tocivil or criminal penalties. In addition, a person who has been served
with a subpoena and has failed to appear may be brought to theproceedings by a law enforcemen
t officer who serves a second subpoena, called an instanter.
A subpoena must be served on the individual ordered to appear. In some states a law enforcemen
t officer or process server must personallyserve it, whereas other states allow service by mail or
with a telephone call. It is most often used to compel witnesses to appear at a civil orcriminal tria
l. A trial attorney may receive an assurance from a person who says that she will appear in court
on a certain day to testify, but ifa subpoena is not issued and served on the witness, she is not leg
ally required to appear.

It is up to the attorneys in a case to request subpoenas, which are routinely issued by the trial cou
rt administrator's office. The subpoenamust give the name of the legal proceedings, the name of t
he person who is being ordered to appear, and the time and place of the courthearing.
Legislative investigating committees also issue subpoenas to compel recalcitrant witnesses to ap
pear. Congressional investigations ofpolitical scandal, such as the Watergate scandals of the Nix
on administration, the IRAN-CONTRA scandal of the Reagan administration, and theWhitewater s
candal of the Clinton administration, rely on subpoenas to obtain testimony.
A subpoena that commands a person to bring certain evidence, usually documents or papers, is c
alled a Subpoena Duces
Tecum, from theLatin "under penalty to bring with you." This type of subpoena is often used in a
civil lawsuit where one party resists giving the other partydocuments through the discovery proc
ess. If a court is convinced that the document request is legitimate, it will order the production of
documents using a subpoena duces tecum.
A party may resist a subpoena duces tecum by refusing to comply and requesting a court hearing.
One of the most famous refusals of asubpoena was RICHARD M. NIXON's reluctance to turn over t
he tape recordings of his White House office conversations to the Watergate specialprosecutor. N
ixon fought the subpoena all the way to the Supreme Court in UNITED STATES V. NIXON, 418 U.S.
683, 94 S. Ct. 3090, 41 L. Ed. 2d1039 (1974). The Court upheld the subpoena, leading Nixon to r
esign his office a short time later.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group,
Inc. All rights reserved.

subpena (subpoena)
(suh-pea-nah) n. an order of the court for a witness to appear at a particular time and place to test
ify and/or produce documents in the controlof the witness (if a "subpena duces tecum"). A subpe
na is used to obtain testimony from a witness at both depositions (testimony under oathtaken outs
ide of court) and at trial. The procedure to get a subpena issued is basically to apply to the court
with a brief written declaration ofthe need for the testimony or documents. Such subpenas are us
ually issued automatically by the court clerk, but must be served personallyon the party being su
mmoned. Failure to appear as required by the subpena can be punished as contempt of court if it
appears the absencewas intentional or without cause. (See: subpena duces
tecum, witness, deposition, contempt of court)
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

subpoena
noun call, citation, command, command to appear, demand, denuntiatio
testimonii, directive, instruction,invocation, judicial imperative, legal
mandate, legal process, mandate, notification, order, order to
appear, order to appear in

court,process, request, reeuirement to attend, summons, writ

Associated concepts: information
subpoena, judicial subboena, subpoena ad testificandum, subpoena duces
tecum

subpoena
verb beckon, call for the presence of, call forth, call out, call to
witness, call with authority, command to appear,compel
attendence, demand, direct, direct the attendance of, issue a
command, issue a court directive, issue a
writ, issue process,nooify to appear, order, order to appear, require
compliance, require to attend, send for, summon, summon to court
Associated concepts: subpoena a witness, subpoena before a jury, subpoena reco
rds, subpoena to a Grand Jury

See also: call, charge, citation, command, direction, monition, order, process
, serve, summon, summons, venire, warrant
Burton's Legal Thesaurus, 4E. Copyright 2007 by William C. Burton. Used with
permission of The McGraw-Hill Companies, Inc.

SUBPOENA, practice, evidence. A process to cause a witness to appear and give testimony, com
manding him to lay aside all pretencesand excuses, and appear before a court or magistrate therei
n named, at a time therein mentioned, to testify for the party named, under apenalty therein menti
oned. This is usually called a subpoena ad testificandum.
2. On proof of service of a subpoena upon the witness, and that he, is material, an attachment
way be issued against him for a contempt,if he neglect to attend as commanded.
SUBPOENA, chancery practice. A mandatory writ or process, directed to and requiring one or m
ore persons to appear at a time to come, andanswer the matters charged against him or them; the
writ of subpoena was originally a process in the courts of common law, to enforce theattendance
of a witness to give evidence; but this writ was used in the court of chancery for the game purpos
e as a citation in the courts ofcivil and canon law, to compel the appearance of a defendant, and t
o oblige him to answer upon oath the allegations of the plaintiff.
2. This writ was invented by John Waltham, bishop of Salisbury, and chancellor to Rich. II. u
nder the authority of the statutes ofWestminster 2, and 13 Edw. I. c. 34, which enabled him to de
vise new writs. 1 Harr. Prac. 154; Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin.Ab. h.t.; 1 Swanst
. Rep. 209.
A subpoena is an order directed to an individual commanding him to appear in court on a certain day
to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted
officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to
appear in court or any designated location to provide testimony for trial or deposition or produce

documents or other evidence. A subpoena which requests items be brought with the person is called a
"subpoena duces tecum".
If the person is required to travel more than a minimum distance, they may be required to be
compensated for reasonable travel expenses. Failure to comply with a subpoena may subject a person
to being held in contempt of court if it appears the absence was intentional or without cause.

SUBPOENA
An order directed to an individual commanding him to appear in court on a
certain day to testify or produce documents in a pending lawsuit.
A process to cause a witness to appear and give testimony, commanding him
to lay aside all pretences and excuses, and appear before a court or
magistrate therein named, at a time therein mentioned, to testify for the
party named, under a penalty therein mentioned. This is usually called a
subpoena ad testificandum.
On proof of service of a subpoena upon the witness, and that he is material,
an attachment way be issued against him for a contempt, if he neglect to
attend as commanded.
chancery practice. A mandatory writ or process, directed to and requiring
one or more persons to appear at a time to come, and answer the matters
charged against him or them; the writ of subpoena was originally a process
in the courts of common law, to enforce the attendance of a witness to give
evidence; but this writ was used in the court of chancery for the game
purpose as a citation in the courts of civil and canon law, to compel the
appearance of a defendant, and to oblige him to answer upon oath the
allegations of the plaintiff.
This writ was invented by John Waltham, bishop of Salishury, and chancellor to
Rich. II. under the authority of the statutes of Westminster 2, and 13 Edw. I., which
enabled him to devise new writs

What is SUBPOENA?
The process by which the attendance of a witness is required is called a "subpoena." It is
a writ or order directed to a person, and requiring his altendance at a particular time
and place to testify as a witness. It may also require him to bring with him any books,

documents, or other tilings under his control which ho is bound by law to produce in
evidence. Code Civ. Proc. Cal.

Law Dictionary: What is SUBPOENA? definition of SUBPOENA (Black's Law Dictionary)

A subpoena (pronounced "suh-pee-nuh") is a request for the production of documents, or a request to
appear in court or other legal proceeding. It is court-ordered command that essentially requires you
to do something, such as testify or present information that may help support the facts that are at issue in
a pending case. The term "subpoena" literally means "under penalty". A person who receives a subpoena
but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or
both.
There are two types of subpoenas. The first, called subpoena ad testificandum (pronounced "ad test- te-fikan-dum"), requires you to testify before a court, or other legal authority. The second, called subpoena
duces tecum (pronounced "doo-seez tee-kum"), requires you to produce documents, materials, or other
tangible evidence. A subpoena may be requested in any kind of matter, but the most common requests
are from divorce, child custody, personal injury, and sex offender cases.

What Are Subpoenas Used For?

Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain
information to help prove or disprove their client's case. Criminal attorneys, for example, often use
subpoenas to obtain "witness" or lay opinion testimony from a third party that may lead to someone's guilt
or innocence at trial. Similarly, civil attorneys often subpoena individuals to obtain information that may
help settle someone's claim. For example, an attorney representing a spouse in a child custody hearing
might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements.
Other examples of subpoenas may include requests for:

Blood test information;

DNA samples;
Computer files and downloaded material (such as in a child pornography case, for example);
Medical bills & insurance records;
Income tax returns;
Photographs, graphs, & charts; and
Employee records.

Who May Issue a Subpoena?

In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the
attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the
Governor, or agency head), then it must be signed by an administrative law judge. In some cases, a nonlawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).

How a Subpoena is Served

A subpoena is typically requested by an attorney and issued by a court clerk, a notary public, or a justice
of the peace. Once a subpoena is issued, it may be served on an individual in any of the following ways:

Hand-delivered (also known as "personal delivery" method);

E-mailed to the last known e-mail address of the individual (receipt acknowledgement requested);
Certified mail to the last known address (return receipt requested); or
Hearing it read to you aloud.

How to Respond to a Subpoena

The first thing you should do if you receive a subpoena is not ignore it. A subpoena is part of a court's
legal process and failure to respond to a subpoena is considered contempt of court in most states.
The next step is to read through the subpoena to determine what is being requested and/or who is being
asked to appear. Subpoena requests for documents and other items are usually very detailed and
specific. Also, you should make sure to protect and keep any documents in your possession safe.
Lastly, you should look to see who is requesting the information and for what purpose, so you can
adequately prepare for any testimony you are required to give at a trial or other proceeding. Finally, you
should check the hearing date and time to avoid potential penalties and other consequences.
A person who receives a subpoena should otherwise consult with an attorney, who may assist you if you
need more time to gather the information or have any questions about what is being asked of you.

Penalties
Because a subpoena is a court-ordered command, a person who fails to obey it is subject
to civil or criminal contempt of court charges. Civil contempt occurs when you knowingly fail to produce
papers or documents requested, or otherwise fail to obey the terms of a subpoena and, thereby, hinder
the judicial process. Criminal contempt, which is usually intended as punishment, generally refers to
disruptive conduct or disrespectful behavior at court. Criminal contempt can also include refusal to turn
over documents or other data.
Penalties for contempt of court often include payment of a fine, imprisonment, or both. Contempt charges
may apply until the party in contempt agrees to produce the requested information or otherwise perform
his or her legal obligation.

Can I Refuse to Produce Documents or Appear in

Court?
Circumstances that allow you to potentially avoid having to produce documents or appear in court may
include claims that the information sought is "privileged", lost, or violates your Fifth Amendment
constitutional right against self-incrimination, and that the requests are overbroad or unduly burdensome.

An attorney or other legal representative can help you figure out if there are valid legal reasons to object
to a subpoena's demand.

Conclusion
Subpoenas are formal legal documents that should be taken seriously. A person who receives a request
for the production of documents or a request to appear in court should take the necessary steps to
comply with the demand sought. Failure to comply with a subpoena order may result in contempt of court
charges, which may ultimately lead to penalties of fines, imprisonment, or both. Additional questions
concerning a subpoena should be referred to a qualified attorney in your area.
- See more at: http://litigation.findlaw.com/going-to-court/what-is-a-subpoena.html#sthash.2w2IsCt2.dpuf

There are two types of subpoena forms in the United States--the subpoena ad testificandum and the
subpoena duces tecum. The subpoena ad testificandum commands someone to appear at a specific
location to testify. The subpoena duces tecum requires a witness to appear and bring with them
specific documents, such as business or personal records.
The subpoena ad testificandum, which means "to testify under penalty," is also known as an ordinary
subpoena. It most commonly orders a witness to testify at a court proceeding, such as a trial or
a deposition. When preparing for trial, it is typically considered good practice to subpoena all
witnesses, both willing and unwilling, to ensure that they will be available to give testimony. In some
jurisdictions, subpoena forms are required to specify the penalty that may result if the recipient fails
to obey the order.
When a witness receives a subpoena duces tecum, he is usually being ordered to do two things:
appear at a specific place and time and bring certain documents with him for inspection. A
subpoena duces tecum, which means "bring with you under penalty," is commonly used in civil
matters where one party has refused to provide the other party with certain documents that were
requested in discovery. Discovery is a process in which the parties are required to exchange
pertinent information about the case with each other. If the court finds the request to be reasonable,
it will issue a subpoena duces tecum so that this evidence will be produced.
Both subpoena forms usually contain some general information. This includes the name of the legal
proceeding and the parties involved and also the name of the person being ordered to appear. If a
subpoena duces tecum is being issued, it must contain a specific list of all documents that the
witness is being compelled to produce. A subpoena is also required to state the time and place
where the recipient must appear.
Both subpoena forms must be served, or delivered, to the person who is being commanded to
appear. The method of service varies according to jurisdiction. Some courts require that a subpoena
be delivered by a law enforcement officer, while others allow the subpoena to be mailed to the
witness. The attorney who represents a party in a lawsuit or case is the individual who requests the
subpoena. The clerk's office of the court in which the matter is filed typically issues the subpoena.
Non-compliance with either of the subpoena forms is considered contempt of court, and the party
who has refused to comply may face civil or criminal penalties. If the witness believes that they have
a valid reason for not complying with a subpoena, they may request a hearing. The court will then
decide whether or not they will need to appear.

A subpoena is a writ, a written order, issued by a court which commands

a person to appear in court or before a grand jury, a congressional
committee, or administrative agency at a specific place and time.
The subpoena can compel the receiver to appear in court or before an
administrative body as a witness, or to produce documents for a court
proceeding. Legislative investigating committees also rely on subpoenas
to obtain testimony, and they can use subpoenas to compel witnesses to
appear in investigations of political scandals. Without a subpoena, a
witness is not legally required to appear before the court.
Types of Subpoenas

There are two main types of subpoenas:

Subpoenas ad testificandum
Subpoenas duces tecum

A subpoena ad testificandum, also known as an ordinary subpoena,

literally means "to testify under penalty." It commands a person to
appear at a particular location to give testimony. The most common use
of a subpoena is to require a witness to attend a trial.
A subpoena duces tecum, also known as a subpoena for production of
evidence, literally means "bring with you under penalty." It commands a
person to appear at a particular location to bring a specified item for use
or examination in a legal proceeding. A recipient of a subpoena duces
tecum is commonly required to present documents, such as personal
papers and business records, and physical evidence to the court.
A subpoena duces tecum is used most often in civil lawsuits when one
party refuses to give the other party documents through the discovery
process. If a court is convinced that the document request is legitimate, it
will order the production of documents using a subpoena duces tecum. A
subpoena differs from a summons in this regard, because the subpoena
can require the production of evidence, while a summons can only order
a person to appear in court.

What's Included

The general elements of the subpoena include:

A listing of the legal proceeding at issue

The names of the parties involved
The name of the person being ordered to appear
A list of the documents that must be presented if a subpoena compels the
production of evidence
The time and place of the legal proceeding where the subpoena recipient
must appear

The subpoenas of some jurisdictions also include a warning about the

penalties for failing to comply with the subpoena.
Serving a Subpoena

With regards to the legal process, a subpoena has to be served on the

person who is being compelled to appear. The specific rules related to
the subpoena process vary in every jurisdiction. Some states require the
subpoena to be personally served by a law enforcement officer, and
other states allow the subpoena to be served by mail. The attorneys in a
case have to request subpoenas, which are usually issued by the trial
court clerk's office. The court rules of some jurisdictions allow attorneys
to issue subpoenas themselves as officers of the court.
Failure to Comply

Subpoena literally means "under penalty," and failing to comply with a

subpoena can result in a legal penalty, as noncompliance constitutes
contempt of court. However, subpoenas can be challenged, and a
person refusing to comply with a subpoena can request a hearing.
Congress can also punish individuals who fail to comply with a
subpoena to appear before Congress by holding an individual in
contempt of Congress, which is similar to contempt of court. A person
who is charged with contempt of court can be subjected to criminal or
civil penalties. A person who fails to comply with a subpoena may also
be brought to the legal proceeding at issue by a law enforcement officer,
after the officer serves a second subpoena, called an instanter.