Demand Letter. What if they won't sign for it?

[lawisblind]

What is the name of your state (only U.S. law)? California
I just sent a demand letter in a personal injury (dog bite) case to my neighbor, the owner of the other dog. I used priority mail with signature delivery confirmation. Tracking shows that no authorized person was available and that a notice was left and it was returned to the post office awaiting pickup. I sent two letters to them, one in each person's name.

In the event they don't pick this up, and it is returned to me with proof of attempted delivery, is this sufficient to proceed with filing the claim? In addition to this, I have a printed email conversation that shows that I attempted to settle out of court and they wouldn't. Although in that conversation the amount I was seeking was lower than what I put in the demand letter.

 

[Zigner]

What is the name of your state (only U.S. law)? California
I just sent a demand letter in a personal injury (dog bite) case to my neighbor, the owner of the other dog. I used priority mail with signature delivery confirmation. Tracking shows that no authorized person was available and that a notice was left and it was returned to the post office awaiting pickup. I sent two letters to them, one in each person's name.

In the event they don't pick this up, and it is returned to me with proof of attempted delivery, is this sufficient to proceed with filing the claim? In addition to this, I have a printed email conversation that shows that I attempted to settle out of court and they wouldn't. Although in that conversation the amount I was seeking was lower than what I put in the demand letter.

A demand letter isn't even required...all that is required is that you have asked to be paid. If you've discussed this in email, that shows that you've asked for the money. In general, settlement negotiations aren't admissible in court, but they can be used to show you asked for the money.



[SUB]ETA: For reference, see http://www.courts.ca.gov/9739.htm[/SUB]