Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24 by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05 by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48 by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20 by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26 by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42 by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Response to 93A demand letter
No, I cannot post a sample response because, among other reasons, every response will be unique and based on the specific allegations contained in the original 93A demand letter. However, here are some basic pointers for drafting a response:
Send your response "within thirty days of the mailing or delivery of the demand for relief." Write clearly and avoid inflammatory or impolite language. You should assume that whatever you put on paper and send to the plaintiff will wind up as an exhibit at trial. Because of this, and because of the threat of triple damages, if the amount in question is significant, you should consider getting a consumer law attorney to help you deal with the issue.
If there is ANY validity at all to the claims outlined in the demand letter, your written response should make a reasonable offer of settlement. By doing so you limit the plaintiff's potential recovery to the amount of your offer (if a court subsequently finds that your offer was fair) and may avoid the possibility of having to pay the plaintiff's attorney fees. (See below.)
For the same reasons, even if the plaintiff's demand is frivolous, you should respond to it with a reasonable explanation of why you are not offering any amount in settlement. Don't simply dismiss the claim with curt or sarcastic language. Rather, demonstrate in your response that you have investigated the claims and found them to be inaccurate or without merit.
When the response is ready, send it by certified Mail, Return Receipt Requested. You do not want there to be any doubt in the mind of the judge that you sent a response to the demand letter.
You should also review Massachusetts General Laws Chapter 93A, especially Section 9, which states in relevant part: "Any person receiving such a demand for relief who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner" Good luck.
Thanks a bunch for your
Thanks a bunch for your prompt response!