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Ask Aaron! Your Questions on Florida Business Law Answered

What Should You Do If You Receive a Demand Letter?

Posted by Aaron R. Resnick | Dec 16, 2025

Short Answer

A demand letter is not a lawsuit or court order, but it should not be ignored. Read the requested action and deadline carefully, preserve the relevant records, identify insurance or indemnity rights, and avoid an immediate emotional response. The letter may be written to invite settlement, satisfy a contractual notice requirement, trigger fees, or build an exhibit for future litigation. The best response depends on what the sender must prove, what your documents show, and whether the business relationship still has value.

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Received a demand letter, Law Offices of Aaron Resnick

Tell Aaron what happened. Who sent it, what it demands, and what deadline it sets.

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When This Becomes Urgent

  • The letter threatens an injunction, lien, eviction, default, termination, or filing within days.
  • It invokes a contract notice provision, cure period, fee statute, or mandatory dispute process.
  • The allegations may affect insurance, licensing, financing, investors, or public reputation.

What Usually Goes Wrong

  • Responding line by line before counsel understands the full record.
  • Missing a real contractual cure deadline because the letter seemed exaggerated.
  • Forwarding the letter widely with commentary that may later become discoverable.

Why Miami Experience Matters

Miami demand letters often arrive in active commercial relationships where both sides know the same brokers, lenders, lawyers, investors, or community. Local experience helps counsel read what is not said: whether the sender is positioning for court, protecting a deal, or testing settlement. The response can be direct without being reckless, and it should preserve credibility with the people who may later evaluate the dispute.

Local proof: Miami Beach Bar Association leadership

What to Have Ready

  • The complete letter, attachments, delivery method, and date received.
  • The controlling contract and any notice or cure provisions.
  • Invoices, payments, performance records, and relevant communications.
  • Insurance, indemnity, guarantee, and dispute resolution documents.
  • Your preferred business result and any relationship that should be preserved.

What Typically Happens Next

Counsel identifies the true deadline, legal purpose, factual gaps, and business leverage. The response may deny claims, request information, propose a cure, preserve defenses, assert counterclaims, invite a meeting, or decline to engage. A good response is written for several audiences at once: the sender, the business decision makers, the mediator, and the judge who may later read it as an exhibit.

Related Questions and Reading

We Don't Make Promises. We Have Results to Prove It.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents large corporations, Miami businesses and their owners, professional athletes and entertainers in Miami Dade, Broward and Palm Beach counties and across Florida in business litigation and business counsel. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.

Viewing this page or contacting the firm does not create an attorney-client relationship.

Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

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About the Author

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Aaron R. Resnick

Aaron Resnick is a Miami business attorney who founded the Law Offices of Aaron Resnick in 2005. He is a past president of the Miami Beach Bar Association and has been selected to Super Lawyers every year since 2013.

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