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Letter Of Intent To Sue Template for New Zealand

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Key Requirements PROMPT example:

Letter Of Intent To Sue

"I need a Letter of Intent to Sue for my IT consulting company based in Auckland, targeting a client who has failed to pay NZD 75,000 for services rendered over the past 6 months, with a final warning period of 14 days before we commence legal proceedings."

Document background
The Letter of Intent to Sue is a critical pre-litigation document in New Zealand's legal system, serving as a formal notice before commencing court proceedings. It is typically used when negotiations or other dispute resolution methods have failed to achieve a satisfactory outcome. The document must comply with New Zealand civil procedure requirements and professional practice standards, including appropriate notice periods and content specifications. A well-drafted Letter of Intent to Sue should clearly articulate the legal and factual basis for the claim, specify the remedy sought, and provide a reasonable timeframe for response. It often represents the final step before formal litigation and can serve both as a powerful negotiation tool and as evidence of the sender's attempt to resolve the dispute reasonably before pursuing court action.
Suggested Sections

1. Sender Details: Full name, address, and contact information of the party sending the letter or their legal representative

2. Recipient Details: Full name, address, and contact information of the party being put on notice

3. Date: The date of the letter

4. Subject Line: Clear indication that this is a Letter of Intent to Sue/Letter Before Action regarding the specific matter

5. Cause of Action: Clear statement of the legal wrong committed and basis for the claim

6. Factual Background: Chronological summary of relevant events leading to the dispute

7. Legal Basis: Citation of relevant laws and legal principles that support the claim

8. Damages/Remedy Sought: Specific statement of the compensation or remedy being sought

9. Demand: Clear statement of what actions are required from the recipient to avoid legal proceedings

10. Response Timeline: Specific deadline for response (typically 7-14 days) before legal action will commence

11. Closing Statement: Formal closing including any required statutory statements and signature block

Optional Sections

1. Previous Correspondence: Reference to any previous attempts to resolve the dispute, used when there has been prior communication

2. Without Prejudice: Statement preserving legal rights while potentially offering settlement terms, used when including settlement proposals

3. Interim Remedies: Notice of intention to seek interim remedies or injunctive relief, used in urgent cases or where asset preservation is needed

4. Third Party Rights: Reference to other affected parties or potential defendants, used in complex cases with multiple parties

5. Cost Warning: Detail of potential legal costs that may be sought, used in higher-value claims or complex litigation

6. Preservation of Documents: Request for preservation of relevant documents and evidence, used in cases where evidence might be at risk

Suggested Schedules

1. Schedule A - Documentation: List and copies of key documents supporting the claim (contracts, correspondence, photographs, etc.)

2. Schedule B - Chronology: Detailed timeline of events relevant to the dispute

3. Schedule C - Damages Calculation: Detailed breakdown and calculation of damages being claimed

4. Schedule D - Previous Communications: Copies of relevant previous correspondence attempting to resolve the dispute

5. Schedule E - Expert Reports: Any relevant expert opinions or reports supporting the claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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