30 day demand letter

Can I write and sign a 30 day demand letter to a plumber who took $2000.00 from my mother-in-law in December 1999 for a new boiler that he never purchased? I have been pursuing repayment for her since she is sickly and homebound. We live in Massachusetts.

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kb

Don't fiddle around with a demand letter. Just sue his ass in small claims court. then move this post to the business law board, unless you want to file theft charges against him (I recommend you file charges tomorrow.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Don't fiddle around with a demand letter. Just sue his ass in small claims court. then move this post to the business law board, unless you want to file theft charges against him (I recommend you file charges tomorrow.)
<HR></BLOCKQUOTE>

Thanks, Tracey. I plan on suing his ass but was told that a 30 day demand letter had to be sent first to give the thief an opportunity to pay.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by six43:
Thanks, Tracey. I plan on suing his ass but was told that a 30 day demand letter had to be sent first to give the thief an opportunity to pay. <HR></BLOCKQUOTE>


My response:

Both you, and Tracey, are correct. You need to sue him, in your mother's name because she's the one with "standing". Since she's "homebound" you will also need to apply for, and be appointed as, her "guardian ad litem" for the lawsuit, only.

Most Small claims court forms ask the question, "Has demand for payment been made?" In order to answer "yes", you need to send a Certified Return Receipt letter to the offending party. Then sue if he fails to pay, or to make other arrangements. Again, write the letter in your mother's name, and have her sign the letter, because she is the one with whom the contractor was dealing.

Good luck to you.

IAAL


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