DEMAND FOR SETTLEMENT

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Samples legal papers
February 26, 2024

Ashmeen Modikhan

94-22 Magnolia Court, Unit 1B

Ozone Park, NY 11753

Pro Se Debtor

 

April 30, 2023

 

Richard F. Artura, Esq.

Phillips, Artura & Cox, Esqs.

165 South Wellwood Avenue

Lindenhurst, New York 11757

Tel.: (631) 226-2100, x. 305

Fax: (631) 226-2160

 

RE:     DEMAND FOR SETTLEMENT.

 

Dear Sir,

 

This letter follows your email(s) dated March 14th and 17th 2023, advising me to go through the Court’s Order dated February 18, 2022, and prepare a demand for settlement.

 

You affirmed the said Order, where the Court held that my legal malpractice claim against your client was sufficiently pled. Notably, your client committed malpractice when he counseled me to pay chapter 13 plan payments in addition to trial modification payments; when his employees failed to answer my inquiries promptly, completely, or correctly and when he collected attorneys’ fees for post-petition work without bankruptcy court approval.

 

First, your client’s conducts caused me distress and emotional harm, when I tired. “The object of compensatory damages is to make the injured client whole.” See Campagnola v. Mulholland, Minion & Roe, 76 N.Y.2d 38, 42, 555 N.E.2d 611, 556 N.Y.S.2d 239 (1990).

 

Next, I am entitled to litigation expenses. “A plaintiff’s damages may include ‘litigation expenses incurred in an attempt to avoid, minimize, or reduce the damage caused by the attorney’s wrongful conduct.’” See Rudolf v. Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y.3d 438, 443, 867 N.E.2d 385, 388, 835 N.Y.S.2d 534, 537 (2007).

 

Lastly I am entitled to the payment of $1,435 owed in attorney’s fees.

 

In light of the foregoing, I demand payment as follows:

 

  1. Emotional Harm- $10,000
  2. Attorney’s Fees- $1,435
  • Litigation Expenses- $2,000

 

SUM TOTAL            $13,435

 

Please note that it is in the best interests of both parties to settle this matter. Therefore, we have prepared an offer of $13,435 to have this settled.

 

A response to this letter is required within seven days of the receipt thereof.

 

 

I hope to resolve this matter as soon as possible.

 

 

Sincerely,

 

______________________

Ashmeen Modikhan

 

 

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