Demand letter
Encyclopedia
A demand letter, or LOD, ie. a Letter Of Demand (of payment), is letter stating a legal claim (usually drafted by a lawyer
) which makes a demand for restitution
or performance of some obligation, owing to the recipients' alleged breach of contract
, or for a legal wrong
.
In the United States
, demand letters from a debt collector relating to a consumer debt must comply with the Fair Debt Collection Practices Act
.
In some cases in Canada
, a demand letter is mandatory; without it, a person could lose his or her case.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
) which makes a demand for restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
or performance of some obligation, owing to the recipients' alleged breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
, or for a legal wrong
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, demand letters from a debt collector relating to a consumer debt must comply with the Fair Debt Collection Practices Act
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act , et seq., is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act...
.
In some cases in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, a demand letter is mandatory; without it, a person could lose his or her case.