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    Demand Letter Notes Legal Writing

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    Shannin Mae
    This document provides guidance on drafting a demand letter and includes two sample exercises. A demand letter should include an introduction, factual summary, legal basis, demand and deadline, and statement of non-waiver of rights. It should state the relevant facts chronologically, identify the applicable law, demand compliance by a reasonable deadline, and itemize any expenses. The first exercise describes a lease agreement where postdated checks were dishonored. The demand letter would be sent to the lessee currently living in Mandaluyong City. The second exercise involves a divorce case where the husband refused to provide child and spousal support. The demand letter would request payment of tuition, bills, and expenses from

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    Demand Letter Notes Legal Writing

    Uploaded by

    Shannin Mae
    199 views2 pages
    This document provides guidance on drafting a demand letter and includes two sample exercises. A demand letter should include an introduction, factual summary, legal basis, demand and deadline, and statement of non-waiver of rights. It should state the relevant facts chronologically, identify the applicable law, demand compliance by a reasonable deadline, and itemize any expenses. The first exercise describes a lease agreement where postdated checks were dishonored. The demand letter would be sent to the lessee currently living in Mandaluyong City. The second exercise involves a divorce case where the husband refused to provide child and spousal support. The demand letter would request payment of tuition, bills, and expenses from

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    Demand Letter Notes; Legal Writing

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    This document provides guidance on drafting a demand letter and includes two sample exercises. A demand letter should include an introduction, factual summary, legal basis, demand and deadline, and statement of non-waiver of rights. It should state the relevant facts chronologically, identify the applicable law, demand compliance by a reasonable deadline, and itemize any expenses. The first exercise describes a lease agreement where postdated checks were dishonored. The demand letter would be sent to the lessee currently living in Mandaluyong City. The second exercise involves a divorce case where the husband refused to provide child and spousal support. The demand letter would request payment of tuition, bills, and expenses from

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    199 views2 pages

    Demand Letter Notes Legal Writing

    Uploaded by

    Shannin Mae
    This document provides guidance on drafting a demand letter and includes two sample exercises. A demand letter should include an introduction, factual summary, legal basis, demand and deadline, and statement of non-waiver of rights. It should state the relevant facts chronologically, identify the applicable law, demand compliance by a reasonable deadline, and itemize any expenses. The first exercise describes a lease agreement where postdated checks were dishonored. The demand letter would be sent to the lessee currently living in Mandaluyong City. The second exercise involves a divorce case where the husband refused to provide child and spousal support. The demand letter would request payment of tuition, bills, and expenses from

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    © All Rights Reserved
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    Demand letter in oblicon, it is needed in order to constitute delay

    on the part of the debtor


    Email: dwilwayco@ateneo.edu.
    Caption: LEGWRIT OLIVAREZ 04.29.2017

    Format of a Demand Letter:

    Date
    Name
    Branch
    Address

    Subject (concise description of the said topic)

    Dear _________,

    *Introduction: can expand the subject without going into the facts

    *Second part: factual summary you explain in a narrative form in


    chronological order, the relevant facts brought about the issue; you
    can also attach copies of the cheques or annex it as an exhibit

    *Law or legal basis: it is just like answering an exam; you have to


    identify the issues (ex.) under B.P. 22 blah blah); you also have to
    include an analysis; then apply the factual summary to the legal
    basis

    *Demand and deadline: state that the debtor has to comply with his
    obligations, and it should also be stated the consequences; most
    important is the setting up of the deadline (giving of a reasonable
    deadline can be given based on what is stipulated in the law, and
    if no law, then a reasonable one); itemize the expenses you are
    paying; provide legal basis for a demand (ex.) the payment for
    tuition of the school) since it can become arbitrary

    *Non-waiver of rights: the person can still have legal remedies for
    violation

    Style of the demand: depends on the case


    -If the relationship is hostile: then the language can be more
    assertive
    -If only new demand: then the person demanding can be more
    calmer
    -Level of intelligence of the debtor has to be determined as well; use
    of language is considered (you have to think of your audience)
    Exercise:

    1st demand:
    Facts:
    -April 5, 2014: juan de la cruz entered into a contract of lease with
    maria clara owned a commercial property in mandaluyong city
    -under the contract of lease maria (lessee) was suppose to issue 12
    postdated checks
    -200,000 pesos cheques (face value)
    -banco de oro (drawn cheques)
    -2345677 to 2345680 (number of cheques); each month beginning
    may 10 to april 10 2014
    -January 12, 2015: juan went to deposit the cheques (jan 10 2015
    and feb 10 2015) BDO dishnored the cheques (Drawn Against
    Insufficient Funds)
    -Juan asked the lawyer demand letter; maria is currently 22
    fatima street barangay plainview mandaluyong city

    2nd exercise:
    -October 13, 2005: Jeriko Roces married Kim Jonas they are blessed
    with two children
    -Jeriko was an abusive husband and father
    -November 23, 2013 J made them leave the house, kim brought
    the kids
    -J has refused to provide support
    -Refused to pay for his children regarding med expenses and tuition
    fees:
    1.) Christines tuition in maria Montessori, at 158K per year
    2.) Victors tuitition at maria Montessori 145,000 per year;
    3.) electricitiy 3,500 per month
    4.) water bills P400 per month;
    5.) rent at P15,000 per month;
    6.) school bus service P1,500 per month for both children
    7.) hospital bills when victor had dengue P35,000;

    -J owns a factory that produce garments; good business gone


    exponentially
    -Kim is a florist; clientele is limited to friends and lack of adequate
    capital
    -Lawyer!! demand letter
    -J address: 135 palm circle drive, ayala alabang muntinlupa

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