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Litigation is the legal proceeding initiated between two opposing parties, be it among persons, organizations, or the State. This process is one way to resolve controversies concerning personal injury damages, breach of an agreement, or dispute with another individual. Some people believe that litigation is synonymous with a lawsuit. However, litigation and lawsuit are two different things. Litigation involves all the legal actions taken prior, during, and after a lawsuit to enforce or defend a legal right.
Aside from the legal proceedings, litigation also involves paperwork. These documents include but are not limited to bond form, fee agreement, credit report, dispute form, invoice request letter, hold notice, and notice of litigation.
Notice of litigation is a letter sent to an opposing party in situations where they failed to fulfill their agreed-upon obligations. It serves as a reminder for them to conform to the agreement before legal actions take place. In this short guide, we have listed five ways to help you create this type of document.
First things first, make sure that you seek legal counsel before you start drafting your letter. Consult an attorney/lawyer or a litigation paralegal for you to be well-informed of the legal actions you need to take during the whole litigation process. It is crucial to get their opinions first to help you with legal matters. It will also help if you do your research on how to create a legal document.
Keep in mind that you are creating a formal document, which is why you need to take note of the letter format. In writing the letter, follow the correct structure. The standard structure starts with the date, then the recipient’s information, subject line, salutation, the body of the letter, and the sender’s name and signature. It is highly recommended to use a block letter format wherein the entire content of the letter is aligned to the left.
See to it that the recipient knows what the letter is for by just reading the opening paragraph. Be direct to the point and explain why he or she has received the letter. Moreover, you should clearly state the problem or the complaint to the opposite party. For the following paragraph, you may also mention the failed attempts to contact that person which calls for a need to send or email that letter.
Should the opposing party fail to meet his or her obligations after having received the letter, explain the corresponding legal consequences they will face. For example, if the person does not pay for an overdue account before the final deadline set, inform him or her that the issue will be resolved through a lawsuit settlement. This means that your party will file appropriate charges against him or her if the need arises. Implementing a legal course of action will lessen the possibility of the dispute to happen again.
Lastly, write your name and sign the letter. After doing so, proofread its content and make sure it's error-free and easily understandable. You should also have your letter reviewed by a lawyer.