![]() Be sure to include payments made to the party that is in breach in the interest and fees. In addition, all attorneys fees incurred in the matter must be accounted for. Interest on late fees or default interest must be accounted for. All the parties to the contract must be present at the court so that the court can sort out who is right.įees. If the party in breach decides to countersue you, they must file a claim with the courthouse to receive payment for damages they claim as a result of the breach. If their refusal to pay was knowing and willful, it can be argued that they are being deceptive and trying to take advantage of the law. ![]() If they begin to refuse to pay as promised, it can be argued that the breach is the fault of the person who is refusing to pay. If the party that is in breach of the contract decides to countersue, a demand letter can be used as a defense of prior acts of breach. While the demand letter is a document of your right to sue, it is also a document that provides proof of the contract that is broken. With the appropriate paperwork done, you are now ready to turn in the demand letter.
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