What Is a Notice of Intent to Sue?
Think of it as a warning shot. Somebody is threatening to put you into court but has not yet made any filing. It is as though it is foretelling a message before the real conversation.
The letter usually spells out:
- What they think you did wrong
- How much money they want
- A deadline to respond (often 30 days)
- What happens if you ignore it
Here’s the thing though. All notices do not result in a lawsuit. At times it is mere posturing. Other times? They mean business.
Why People Send These Letters
Money. That’s the short answer.
Maybe you owe someone cash. You know, maybe they were hurt on your premises. Or you broke a contract. The justifications are different, yet the aims remain the same: to receive money without attending the court.
Court costs money. Like, a lot of money. Both sides know this. Therefore, the notice is a negotiating tool. Pay me now, or I and we shall both lose money in lawyers.
Smart, right? Annoying, but smart.
Should You Panic?
No. But don’t ignore it either.
I narrowly escaped that particular mistake. I believed that nothing would happen should I not react and the issue would fade away. Spoiler: it didn’t. The fact that it is possible to ignore a notice and make things even worse can be truly helpful. Judges do not approve of ghosting.
Take a breath. Read the letter carefully. Then read it again. In some cases the assertions are even more terrifying than they appear.
What to Do Right Now
To start with, make a note of that deadline in your calendar. Set three alarms. Late, and you are not going to get a chance to quietly pay.
Second, gather your evidence. Receipts, photos, texts, Emails. Whatever supports your side of the case. Once I had to spend hours in the old messages, which saved me thousands.
Third, talk to a lawyer. Yes, they cost money. But you know what costs more? You lose a lawsuit though you were trying to do it on your own.
There are lawyers who provide free consultation. Use them. Even half an hour of counsel can set you on your feet.
Can You Ignore It?
Technically? Yes. Should you? Almost never.
This is what they do, when you do not pay attention to the notice: they take you to court. You get served. Defending yourself on their schedule now. You had missed any opportunity to bargain.
On top of that not paying attention to it makes you look guilty. Or careless. Neither helps your case.
The only notice you may not take seriously is when it is so evident that it is fake, or delivered by a person who has no legal basis. But to tell the truth, hire an attorney to verify that. Don’t guess.
How to Respond
Keep it professional. Don’t get emotional or angry. On one occasion I had a desire to compose a nasty reply. My lawyer stopped me. Thank goodness.
Your response should:
- Acknowledge you received the notice
- State your position calmly
- Request more information if needed
- Propose a meeting or phone call
Maybe you agree with some of their claims but not all. Say that. Maybe you think they’re completely wrong. Explain why, with evidence.
Stay factual. Leave out the drama.
Settlement vs. Court
Most cases settle. Like, 90% of them. No one wants to waste years in court as long as he or she can avoid it.
Compromise implies settlement. You could even get away with paying less than they required. They might drop some claims. Each party compromises to bring the fight to an end.
Court means risk. You could win everything. Or lose everything. Plus legal fees. Plus stress. Plus time off work.
I have seen people fight over $3,000 to an extent of spending $10,000. Their pride cost them money. Don’t be that person.
The Bottom Line
Notifying of intent to sue is no laughing matter, yet it is not the end of the world. It is an opportunity to remedy things before they become ugly.
Read it carefully. Respond quickly. Get legal help. Stay calm.
In the majority of such cases, there is no court experience. Do it the right way and you can possibly emerge with a solution that will benefit all.
And if you do end up in court? At least you tried to avoid it. Judges appreciate that.
