Most of consumer law does not cover private party sales. The following chapter will detail Chapter 93A, and will explain the portions of the Uniform Commercial Code and the Code of Massachusetts Regulations that are relevant to protecting consumers from unfair treatment by businesses. Contents [ show ] Chapter 93A Chapter 93A is designed to protect consumers from the unfair and deceptive practices employed by some businesses. It gives consumers who feel they have been unfairly deceived by a business the right to file a claim in court and thus receive compensation for the monetary loss they consequently suffered.
I thought that might get your attention. Both law firms and the clients we represent are living in an age in which collecting money has become unreasonably writing a 93a letter. This article provides some suggestions as to how best to approach collections from both a practical and legal standpoint.
Whatever type of business you are in, whether you are an attorney or you sell widgets, it is always best to have a written contract with your client or customer. The contract should spell out in detail the nature of your services and how you will be compensated.
The execution of a written contract is the first step in ensuring that you will be paid. Get a Personal Guaranty.
Do you really know whether the company has a track record of profits or losses and whether the company owes money to creditors? Most often, you do not, particularly with small businesses for whom public information may not be readily available. Thus, it is often a good idea to politely request a personal guaranty.
Cases in which a personal guaranty has been executed are completely different than those where there are no such guarantees.
The likelihood of settling a case in which you obtained a personal guaranty is far greater because of the risk of personal liability that the principal of the corporation will have. Even worse, no one likes to be sued out of the blue.
Accordingly, it is often a good idea to send a demand letter to the prospective defendant first. The demand letter should contain the required statement by the Fair Debt Collection Practices Act which should include the following: In the event that you do not receive a response, call your lawyer.
See paragraph 5 below. Do not send demand letters threatening suit if you do not intend to follow through.
Attributes of a good demand letter (Refer to the sample letter below) 1) Sent by certified mail so you can prove it was received.. 2) The letter is dated plus the story includes all of the important dates to show that the warranty is still in force.. 3) Copies (not the originals) of the documents that support your story are enclosed. 4) You are polite. Demand Letter In order to bring any Chapter 93A action, a consumer must begin by sending the business a Chapter 93A "demand letter," to which the business has 30 days to vetconnexx.com demand letter is not required if a consumer is making a counterclaim in a lawsuit filed by the business against the consumer, or if the . Open PDF file, KB, for Sample 30 Day Demand Letter (PDF KB) Written offer of settlement Once you mail your 30 Day Demand Letter, the business has thirty days to respond in vetconnexx.com then must decide to either reject or accept a offer, if any.
You do not want to acquire the reputation of a bluffer. In the world in which we are living, it is likely that the debtor you are thinking of suing is being pursued by other creditors.
It is also likely that the debtor has a limited amount of assets. Thus, it is in your best interest to be aggressive in collecting money that is owed.
How do you that? Here are some suggestions. Monitor your accounts receivable. This means looking at the amounts you are owed on a regular basis, usually every week or so. It is not a good idea to wait until several months go by before you realize that someone, or some company, owes you a lot of money.
Also, be aware of goods in transit and work in process. These are the two accounting categories which reflect what you, or your company, are currently working on. Generally, it is not a good idea to continue to ship goods or to provide services to someone who is not paying.
If you do, you are only making matters worse as you get further and further behind. Very often the check will arrive in the mail because the customer needs the product or the service. This is often a good time to collect money.
Call the Lawyer When all else fails, call the lawyer. Hopefully, you have taken the advice in this column and made your customer sign a contract and you have obtained a personal guaranty. There are many people in the world who purchase goods and services knowing in advance that they will not pay for them.
It is often hard to spot these people in advance; nonetheless, rest assured, they are out there. Try not to let them get away with it. Moreover, there are also people who have genuinely fallen on hard times and require more time to pay and honestly tell you that.
These are people who you should work with towards obtaining an amicable resolution. Generally, people in the latter category are worth continuing to do business with while people in the former category are not. The trick is to be able to tell, to extent possible in advance, who is who.Chapter 93A requires that a consumer who believes him/herself wronged write a day demand letter, send it to the offending party and give them 30 days to respond.
The time window is firm in 93A demand letters and must be 30 days. SAMPLE LETTER Sent Via Certified Mail and USPS First Class Mail Date: To: Landlord’s name Address From: Your name Address Pursuant to Colorado’s Warranty of Habitability Law, CRS §§ et seq., I am notifying you that the residence I am renting contains one or more uninhabitable conditions and is unsafe within the.
Demand Letter In order to bring any Chapter 93A action, a consumer must begin by sending the business a Chapter 93A "demand letter," to which the business has 30 days to respond. This demand letter is not required if a consumer is making a counterclaim in a lawsuit filed by the business against the consumer, or if the business does not .
Letter - REQUEST EXTENSION OF TIME TO MAKE PAYMENT. Welcome, you've arrived at an RP Emery & Associates Free Legal Document Page. Writing well, just like speaking well is a valuable communication skill especially when it comes to business matters.
Learn How to Write an Effective Chapter 93A Demand Letter. vetconnexx.com Writing an Effective Chapter 93A Demand Letter. April 10, by Roger Manwaring. Comments are off. Under the Massachusetts G.L. c. 93A, a consumer can bring a claim alleging that a business defendant has engaged in unfair or deceptive acts or practices, and that the consumer has been damaged as a result.
How to Write a Massachusetts 93A Demand Letter Before you can seek remedy through a lawsuit in any Massachusetts court, you must send the prospective defendant (the company you intend to sue) a Massachusetts 93A Demand Letter, also called a Day Demand Letter because the company has 30 days to respond.