Pre-Suit Demand Letters in Florida: Why They Matter and What to Do if You Receive One

As a Florida attorney based in Ormond Beach, I’ve seen how a single pre-suit demand letter can determine whether a legal matter is resolved quickly or escalates into full-scale litigation. These letters are more than formalities—they are strategic legal tools that can set the tone for the entire case. If you receive one, the way you respond could have a lasting impact on your rights, finances, and peace of mind.

Why Pre-Suit Demand Letters Are Important

In Florida, a pre-suit demand letter serves several important purposes. It formally notifies the recipient of a legal claim, provides an opportunity to resolve the dispute before a lawsuit is filed, and in some cases, satisfies statutory or contractual requirements. In many situations, the law or the terms of a contract require that such notice be given before the claimant can proceed to court. Ignoring a demand letter can mean forfeiting the chance to settle on favorable terms, incurring unnecessary legal expenses, and losing important defenses.

Cases That Require Pre-Suit Demand Letters Under Florida Law

Florida statutes mandate pre-suit demand letters in several types of cases, including:

– Construction defect claims (Chapter 558, Florida Statutes) – Property owners must provide notice to contractors and allow for inspection and repairs.
– Nursing home neglect or abuse (Chapter 400, Florida Statutes) – Written notice must be given to the facility before filing suit.
– Medical malpractice claims (Chapter 766, Florida Statutes) – Requires a detailed pre-suit investigation and formal notice of intent to sue.
– Homeowners’ association disputes (Chapter 720, Florida Statutes) – Certain disputes require pre-suit mediation and written notice.
– Condominium association disputes (Chapter 718, Florida Statutes) – Pre-suit notice and opportunity to resolve are often mandatory.
– Insurance bad faith claims (Section 624.155, Florida Statutes) – A civil remedy notice must be filed and served before filing a lawsuit.
– Certain foreclosure-related claims – For example, some mortgage contracts and federal servicing regulations require the lender to send a demand or “notice of default” letter before initiating foreclosure.

Cases Where Pre-Suit Demand Letters Are Common (But Not Always Required)

Even when the law does not strictly require them, pre-suit demand letters are widely used because they can encourage early resolution. Common examples include:

– Breach of contract disputes– Often used to demand performance or payment before taking legal action.
– Commercial lease disputes – Landlords and tenants frequently exchange demand letters before filing eviction or breach claims.
– Debt collection matters – Creditors send demand letters before suing to recover unpaid amounts.
– Real estate disputes – Demand letters are used to address boundary issues, escrow disputes, or failed closings.
– Personal injury cases– Lawyers often send settlement demands to insurance companies before filing suit.
– Employment disputes – Used to seek unpaid wages, severance, or resolve discrimination claims.
– Foreclosure defense – Borrowers may send demand letters to lenders or servicers to dispute debt amounts, request loan modifications, or demand compliance with mortgage terms.

-subrogation claims-insurers may send these to the at fault party prior to the onset of litigation.

What a Pre-Suit Demand Letter Typically Contains

While the specifics vary depending on the type of case, a well-crafted demand letter usually includes:
– A detailed statement of the facts and background of the dispute.
– The legal basis for the claim, including references to statutes, contracts, or case law.
– The specific relief sought—such as payment, repairs, or corrective action.
– A deadline for compliance, often between 10 and 30 days.
– An invitation to resolve the matter without litigation.

Why You Should Contact an Attorney Immediately

If you receive a pre-suit demand letter, it means someone is prepared to take legal action against you. The time to act is now—not after a lawsuit has already been filed. As an Ormond Beach lawyer experienced in civil litigation, foreclosure defense, and dispute resolution, I can analyze the claims against you, identify legal defenses, and negotiate from a position of strength. In many cases, we can resolve the matter quickly and cost-effectively, avoiding the stress and expense of a courtroom battle.

I’ve seen far too many clients make the mistake of ignoring a pre-suit demand letter. These letters are more than just formal correspondence—they are often the first official warning that legal action is on the horizon. If you receive one, how you respond can make all the difference in the outcome of your case.

If you’ve received a pre-suit demand letter in Florida—whether for a foreclosure, contract dispute, personal injury claim, debt collection, or any other matter—contact my office immediately. I represent clients in Ormond Beach, Broward County, Miami-Dade County, Flagler County, Volusia County, and across the state. Do not ignore a demand letter or try to respond on your own. Call me today at 877-667-1211 to schedule a consultation and get the legal guidance you need to protect your rights.