--- name: prompt-pack-demand-letter description: Use when a lawyer needs to draft a formal demand letter asserting a client's claim against a counterparty — stating the legal basis for the claim, damages suffered, supporting evidence, and a deadline for payment or response before legal proceedings are commenced. Applicable across MENA (UAE, KSA, LB, EG), DIFC/ADGM, and any specified jurisdiction; addresses the different formal requirements for pre-litigation demand in civil-law and common-law MENA contexts. license: MIT metadata: id: prompt-pack.demand-letter category: prompt-pack practice_area: disputes-litigation priority: P2 intent: [drafting, demand-letter, pre-litigation, debt-recovery, breach-of-contract] related: [prompt-pack-case-assessment-memo, prompt-pack-settlement-agreement, prompt-pack-arbitration-statement-of-claim, prompt-pack-litigation-strategy-memo] source: Louis — HAQQ Legal AI (github.com/sboghossian/mini-claude-for-legal) version: "1.0" --- # Demand Letter A demand letter is the formal notice that precedes legal action. It serves three purposes: (1) it puts the opposing party on notice of the claim in documented form; (2) it gives them an opportunity to settle without litigation; and (3) in many MENA jurisdictions, it is a procedural prerequisite or strong convention before filing suit. A well-drafted demand letter creates a clear record and maximises settlement leverage. ## When to use this - A client is owed money or has suffered a breach and has not received a satisfactory response to informal communications. - The dispute is about to become a formal legal matter and the client wants one last documented opportunity for resolution. - The applicable procedural rules or contract terms require a demand or notice before litigation can be commenced. - A client wants to establish the date of formal notice (relevant for limitation periods and interest calculations). - The opposing party's insurer has requested a formal demand as a condition of engaging with the claim. ## Required inputs | Input | Why it matters | Sensible default | |---|---|---| | Client name and role (claimant) | The letter is written on behalf of the client | Ask the user | | Opposing party name and address | The letter must be correctly addressed | Ask the user | | Description of the dispute | The factual and legal basis for the demand | Ask the user | | Amount claimed (if monetary) | States the quantum of the demand | Ask the user | | Evidence supporting the claim | Documents to be referenced or attached | Ask the user to list available documents | | Deadline for response | Creates urgency; typically 7–21 days | Ask the user; default to 14 days for commercial claims | | Governing law and jurisdiction | Affects legal basis cited and any procedural notes | Ask the user; identify from the underlying contract | ## Optional inputs - Whether the letter should be sent by a lawyer's letterhead (often more effective) or the client directly. - Whether the letter should propose settlement at a specific figure. - Whether the client is open to mediation as an alternative. - Whether the claim involves multiple parties. - Whether interest on the debt/damages should be claimed. ## Letter structure ### Header - Law firm letterhead (if sent by counsel) or client letterhead. - Reference number. - Date. - Full name and address of the opposing party. - "Without Prejudice Save as to Costs" — only add if the letter contains a settlement offer; a pure demand letter should not be marked without prejudice (it would exclude it from evidence in some jurisdictions). - Subject line: "Formal Demand — [Brief description of claim] — [Reference, if any]" --- ### 1. Identification of the parties "We act for [Client Name] ('our Client') in connection with the matter described below. We write to you in your capacity as [role — e.g., contracting party / director / guarantor]." --- ### 2. Background and facts A concise, chronological narrative covering: - The relationship between the parties (if any): contract, transaction, statutory obligation. - What the opposing party was required to do. - What they did (or failed to do). - When the breach or failure occurred. - The client's reliance and resulting damage. Keep this factual and objective — avoid inflammatory language that will harden positions. --- ### 3. Legal basis for the claim State the legal basis clearly: - **Breach of contract:** Identify the specific contract, the provision breached, and how the breach has been established. - **Statutory claim:** Identify the statute, article, and the specific obligation violated. - **Tort / delict:** Identify the duty, breach, causation, and loss. - **Unjust enrichment:** Where the opposing party has received a benefit at the client's expense without legal justification. **MENA legal basis notes:** | Jurisdiction | Key legal basis for commercial claims | |---|---| | UAE (onshore) | Civil Transactions Law (Federal Law No. 5 of 1985, as amended); Commercial Transactions Law; UAE Civil Code arts. governing breach and damages | | UAE (DIFC) | DIFC Contract Law 2004 (based on UNIDROIT Principles and English law); DIFC courts have extensive commercial jurisdiction | | KSA | Civil and commercial obligations under the Saudi Civil Procedure Law; Commercial Courts Law; general principles of Islamic law (Sharia) and Royal Decrees | | Lebanon | Lebanese Code of Obligations and Contracts (Code des Obligations et des Contrats — COC); Code of Civil Procedure | | Egypt | Egyptian Civil Code (Law No. 131 of 1948); Code of Civil and Commercial Procedure | | ADGM | ADGM Contract Regulations; ADGM Courts | --- ### 4. Damages and quantum - State the amount claimed as clearly as possible. - Break down the claim into components if multiple heads of damage: principal debt / unpaid fees / penalty / consequential loss / interest. - State the currency. - State the basis for the interest claim if applicable: - UAE Civil Code: the legal rate of interest for commercial claims is 5% (or 9% in commercial matters — UAE Commercial Code). - DIFC: courts award interest at a rate they consider appropriate; commercial rate is typically the central bank rate plus a margin. - KSA: Islamic finance principles mean "interest" (riba) is not awarded as such; damages for late payment may be framed differently before Saudi courts; DIFC/ADGM arbitration seats avoid this complexity. - Lebanon: interest rates are regulated; Lebanese courts apply the contractual rate, failing which the legal rate of 9% per year under the COC. - State that the client reserves the right to claim additional damages that become ascertainable before or during proceedings. --- ### 5. Supporting evidence - List the key documents supporting the claim. - State which documents are attached to the letter and which are available. - Do not attach all evidence — select the 3–5 documents that most clearly establish the claim; retain the rest for proceedings. --- ### 6. The demand State clearly and specifically what is demanded: - "We hereby demand that you pay our Client the sum of [amount] in [currency] by [date] ('the Deadline')." - If a non-monetary obligation: "We hereby demand that you [comply with / perform / cease and desist from] [specific obligation] by [date]." - Payment details: provide the bank account for payment (IBAN, SWIFT, bank name, beneficiary) to remove any excuse for non-payment. --- ### 7. Consequences of non-compliance State, without exaggeration, what will happen if the demand is not met by the Deadline: - "If we do not receive [payment / compliance] by [date], our Client is instructed to commence [arbitration / litigation / insolvency proceedings] against you without further notice." - Do not threaten actions the client cannot or will not take — this undermines credibility. - Include: "Our Client reserves the right to claim all legal costs and interest accruing from the date of this letter." --- ### 8. Without prejudice settlement offer (optional) If the client wishes to propose settlement at a specific figure less than the full claim, include a separate "WITHOUT PREJUDICE" paragraph at the end. This makes the settlement offer inadmissible in evidence in most jurisdictions: "Our Client, without admission of any limitation of its claim, is prepared to accept [settlement amount] in full and final settlement of this matter if paid by [earlier date]. This offer will lapse on [date]." --- ### 9. Closing - Contact details for the responding party. - Instruction that all communications should be directed to the lawyer, not the client directly. - "Yours faithfully" / "Yours sincerely" (per local convention). --- ## MENA-specific procedural requirements | Jurisdiction | Pre-suit demand requirement | |---|---| | UAE (onshore) | Strong convention to send a formal demand before filing; some claims require notification through a notary public (إنذار رسمي — Inzar Rasmi) for certain obligations (lease termination, payment demands) | | UAE (DIFC Courts) | No mandatory pre-suit demand; but courts take into account ADR attempts when awarding costs | | KSA (commercial courts) | Formal demand is standard practice; some claims require notification through the notary or the Saudi Post (Bariid al-Sa'udi) for proof of delivery | | Lebanon | Formal demand (mise en demeure) is required under the COC before certain obligations become enforceable; ideally sent by bailiff (huissier) or registered post | | Egypt | Formal demand (إعذار — e'zar) sent by notary public (توثيق) or registered post is standard before filing; some claims require it as a matter of law | ## Delivery method The method of delivery determines when formal notice is given and whether it can be proved: - **UAE:** Registered post, courier with proof of delivery, or notarized Notice (Inzar) through a UAE Notary Public. - **KSA:** Registered post; certified post through Saudi Post; notarized demand through a Saudi Notary. - **Lebanon:** Bailiff (huissier) service is the most formally sound method; registered post with acknowledgment is common. - **Egypt:** Notarized Inzar through the Egyptian Notary Office is the gold standard; registered post is commonly used. - **DIFC/ADGM:** Email with read receipt and PDF attachment to the registered email address; follow up with courier. - **Cross-border:** Consider whether service of the demand must comply with the Hague Service Convention or bilateral treaty between the jurisdictions. ## Common mistakes - Demand letter that is so aggressive it makes settlement impossible — a good demand letter should be firm but leave a door open. - Threatening criminal proceedings to enforce a civil debt — in many MENA jurisdictions, improperly threatening criminal prosecution is itself tortious or an abuse of process. - Sending the letter to the wrong address or the wrong entity — this invalidates formal notice. - Setting an unrealistically short deadline (24–48 hours) — courts view this negatively and it prevents genuine settlement. - Not keeping a copy of the letter and the delivery record — both are evidence. ## Related skills - [[prompt-pack-case-assessment-memo]] - [[prompt-pack-settlement-agreement]] - [[prompt-pack-arbitration-statement-of-claim]] - [[prompt-pack-litigation-strategy-memo]] - [[prompt-pack-case-law-research-prompt]]