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  1. #1

    Default Can I Write a Letter of Demand for a Family Member Who Doesn't Speak English

    My question involves collection proceedings in the State of: California

    My question is two-fold. One aspect refers directly to the options my family member has when it comes to disputing their debt. The second refers to my ability to assist them in this process.

    1. When my family member left their previous apartment to move into a new home, their former landlord requested they pay over $5000 for repairs to the unit, in addition to the landlord withholding the security deposit of ca. $2,000. The landlord justified these costs by claiming that two handymen worked on the unit for 80 hours, as well as extensive purchases of materials including doorknobs etc. My family member lived in the unit for over two years, and while the unit surely needed some new paint etc., it definitely did not need repairs of that scope. In addition, my family member had negotiated the lease in Spanish, but was never provided with a lease agreement in Spanish, as is required by California state law. After pointing this out to the landlord, they agreed - in writing - that they would withdraw a collections claim submitted to a collections agency over the amount, and we in return agreed to let them keep the deposit.

    Months later, my family member receives a letter from the collections agency, asking her to pay.

    2. We are now hoping to pursue damages over the amount they are being asked to pay by the landlord in Small Claims Court. My family member does not speak English and has not attained a level of formal education that would enable them to understand their legal rights sufficiently to make their claim, which is why I have taken charge of communicating with the landlord so far. Am I allowed to write a letter of demand to the landlord on their behalf? I'm a journalist and a strong writer, but not a lawyer, and I've made this clear to both the landlord and my relative.

    Any advice would be greatly appreciated. My relative has been in great distress over this, and I want to make sure they're not taken advantage of, but also avoid any unethical/illegal actions on my end that could jeopardize their chances of resolving this.

    Thanks for considering to help!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can I Write a Letter of Demand for a Family Member Who Doesn't Speak English

    You can certainly "translate" a letter for your relative...particularly reminding the landlord that he/she agreed to claw back the alleged debt from the collection agency in exchange for them keeping the security deposit.

  3. #3

    Default Re: Can I Write a Letter of Demand for a Family Member Who Doesn't Speak English

    Quote Quoting llworking
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    You can certainly "translate" a letter for your relative...particularly reminding the landlord that he/she agreed to claw back the alleged debt from the collection agency in exchange for them keeping the security deposit.
    Thank you, llworking! My question is: can I put my contact information on the letterhead? Can I write the Letter of Demand in a way that makes it clear that my family member did not write it, but that I assisted them by writing it for them, with their permission? Or would that be unauthorized practice of the law?

    If we end up taking this to small claims, which is likely, it would be obvious to everyone that I didn't just translate it, especially since we would submit previous correspondence between me and the landlord as evidence. Correspondence I took part in on my relative's behalf. I don't want to risk the judge accusing them or me of trying to be deceitful.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Can I Write a Letter of Demand for a Family Member Who Doesn't Speak English

    Quote Quoting advicewelcome
    View Post
    Am I allowed to write a letter of demand to the landlord on their behalf?
    Yes. What you're not allowed to do is render legal advice in composing the letter. Translation and secretarial services are fine. You would even be allowed to act as an interpreter in small claims court.

    Quote Quoting advicewelcome
    View Post
    can I put my contact information on the letterhead?
    I have no reason to believe you lack this ability.

    Quote Quoting advicewelcome
    View Post
    Can I write the Letter of Demand in a way that makes it clear that my family member did not write it, but that I assisted them by writing it for them, with their permission? Or would that be unauthorized practice of the law?
    This is fine, but we obviously cannot intelligently assess whether you've crossed a line without actually reading the letter.

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