Chapter 1 - § 1.3 DEMAND LETTERS

• Jurisdiction: Colorado

§ 1.3 Demand Letters

Before filing a lawsuit, an attorney representing the potential claimant may want to send a demand letter to the potential defendant attempting to resolve the matter. In some situations, sending a demand letter is a mandatory prerequisite to filing certain claims or damages. For example, when seeking statutory penalties in actions brought under the Colorado Wage Claim Act, a plaintiff can only recover certain damages if a written demand letter was made in the statutorily mandated time period of 60 days.⁹⁵ Other claims may have similar requirements for a specific type of demand letter, and the attorney should identify and comply with those requirements. How the contact for a demand letter is made will depend on whether the potential plaintiff's counsel knows if the potential defendant is represented by counsel in the matter. For demand letters, see Form 1-31: Demand Letter and Form 1-32: Cease and Desist Letter.

§ 1.3.1 Letter to Represented Party

If an attorney knows that a party is represented by counsel, the attorney should send the demand letter to counsel, rather than directly to the party, in the absence of a statutory requirement specifying delivery to a particular person or entity.

§ 1.3.2 Letter to Unrepresented Party

If an attorney has no knowledge that a party is represented by counsel, the attorney can send a demand letter directly to that party. The attorney should take care to identify who he or she is representing, so the party receiving...