This letter is furnished only as a basic example and should not be used as a standard form. The attorney must be careful to tailor the details of the letter to the facts of the particular case. This letter recommends suit, describes the investigation of the debtor that prompts the recommendation, and lists documents that will be required before suit is filed. See chapter 3 in this manual regarding investigation of the debtor and the debtor’s financial situation. This form assumes that the claim can be handled by a sworn account procedure, and it should be modified as appropriate. The attorney should not state that the debtor “has” sufficient assets to satisfy a judgment or “at least” a certain portion of the claim. The creditor may allege in the future that the representation was a warranty that was untrue.
See section 1.15 regarding when filing suit may not be advisable. If one of those conditions applies, the client should be notified by letter. The attorney may wish to offer the client the option of filing suit anyway.
Letter to Client—Suit Recommended
[Date]
[Name and address of creditor-client]
Re: Debtor: [name of debtor]
Amount of claim: $[amount]
[Salutation]
Demand on the debtor has been fruitless.
I have investigated the debtor’s circumstances, including [describe attorney’s investigation]. I recommend filing suit.
Please provide [list documents, e.g., copies of the latest statement of account and each invoice, showing the nature of each specific item, the date, the charge, and a systematic entry of credits and debits and resulting balances; a copy of the debtor’s credit application; copies of all correspondence between you and the debtor; and a sworn account affidavit].
I will take no further action on this claim until I receive the documents listed above and your authorization to file suit. Thank you for sending the claim to me.
Sincerely yours,
[Name of attorney]
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Include a sworn account affidavit (form 14-2). |