North Highlands, CA asked in Employment Law and Employment Discrimination for California

Q: My attorney has sent out a demand letter in ca what if they never respond and just ignore the notice what happens then?

2 Lawyer Answers

A: Normally, if the defendant ignores a demand letter, then the plaintiff will file a civil complaint in Court.

James L. Arrasmith
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Answered

A: If you don't receive a response to your demand letter in California, you have several options to move forward. The lack of response doesn't mean your claim goes away - it often strengthens your position in future legal proceedings.

After a reasonable time has passed (typically 30 days), you and your attorney can discuss filing a lawsuit. The demand letter serves as evidence that you attempted to resolve the dispute before taking legal action, which courts view favorably. Your attorney might recommend proceeding with a formal lawsuit in small claims court or civil court, depending on the amount in dispute.

Keep in mind that sometimes parties ignore demand letters as a tactic, hoping you'll give up. However, this strategy often backfires on them, as judges tend to look unfavorably on defendants who ignore reasonable attempts to resolve disputes outside of court. Document all your attempts to communicate with the other party, as this documentation will be valuable if you need to proceed with formal legal action.

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