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Should You Send a Demand Letter Before or After Suing

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  • 12-30-2010, 01:05 AM
    KShae
    Should You Send a Demand Letter Before or After Suing
    My question involves small claims court in the state of: Florida

    I think I finally have all my ducks in a row about how to handle my roomate siution and monies owed. (See previous thread)

    Now, I was told I should type up a letter to my ex-roomate stating the fees I believe im entitled to and why. And also hand deliever or send it certified mail.

    So I guess my question is should I try to do this before I file a court case and if it doesnt work out then file, or wait antil after she is served with court paperwork and deliever it. If she changes her mind I can always stop the process. I can always stop the case.

    Im more curious which option would be sen better by a judge.
  • 12-30-2010, 03:39 AM
    davidmcbeth3
    Re: Should I Give the Letter Before or After I File for Court Intervention
    Whichever way you want to do it. Judge wont care - you may wish to send a demand letter to the ex...
  • 12-31-2010, 10:10 AM
    Mr. Knowitall
    Re: Should I Give the Letter Before or After I File for Court Intervention
    If your goal is to avoid filing a lawsuit, you can try the letter before filing. One way or another your provision of the letter isn't evidence; the roommate's response, assuming there is one, may be.
  • 12-31-2010, 03:01 PM
    KeyWestDan
    Re: Should I Give the Letter Before or After I File for Court Intervention
    If the roommate has already moved out, then you can do a small claims action for money owed.

    If the roommate has not moved out, then you need to follow eviction procedures for your state by giving the proper notice in the proper way, and then following procedures for a legal eviction. You can NOT do that in small claims court generally.
  • 01-01-2011, 01:59 AM
    KShae
    Re: Should I Give the Letter Before or After I File for Court Intervention
    Its not that im for or against going to court whatever it takes to get the ball rolling in collecting this. I actually already tried to give her a letter, when she removed her things from my home, explaining the unpaid portion of utilities and rent. She just threw it away. So that kind of response has lead me down this path.

    I just didnt know when would be a better time to send the letter. Give her a way out, then go to court. Or scare the crap out of her and see if she will pay.

    She knows shes guilty as why im having to go to court, because she wont speak with me about this to resolve it as adults.

    Also what is considered a response? If I send it certified, she signs for the letter, but then throws it away again? Is that a response becase she at least got it and it was certified?
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