Legal Question in Civil Litigation in California
Sent a money demand letter 3 years + ago. Want to file breach of contract suit now. Do I have to re-send unanswered demand letter? Original letter clearly states that no further notice will be given. Original was sent with proof of mailing and copy left on doorstep of defendant.
Asked on 12/20/22, 3:09 pm
1 Answer from Attorneys
You don't have to send a demand at all, unless the contract requires it as a prerequisite to suing. You do, however, have to sue within 4 years of a breach of written contract or two years of an oral contract or you are barred by the statute of limitations from suing. Time runs from the breach, not any demand.
Answered on 12/21/22, 6:17 pm
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