Legal Definitions - personal demand

A personal demand refers to a direct and specific request made by an individual to another party, often for the fulfillment of an obligation, payment of a debt, or performance of an action. This demand typically serves as a formal notice to the other party regarding the claim against them and may be a necessary step before the individual can pursue further legal action.

• Example 1: Unpaid Services

  Imagine a freelance web developer who completed a website for a small business but has not received the final payment as stipulated in their contract. The developer sends a formal email to the business owner, clearly stating the outstanding amount, referencing the specific terms of their agreement, and requesting payment within 10 business days. This communication from the developer is a personal demand because it is a direct request from an individual for payment owed, serving as a formal notice before they might consider pursuing a breach of contract claim.

• Example 2: Breach of Rental Agreement

  Consider a tenant who has moved out of an apartment, but the landlord has failed to return their security deposit within the timeframe required by state law, despite the apartment being left in perfect condition. The former tenant sends a certified letter to the landlord, demanding the immediate return of the full security deposit, citing the relevant state statute and the move-out inspection report. This letter constitutes a personal demand as it is a direct request from an individual for the fulfillment of a legal obligation, providing the landlord with formal notice of the claim before the tenant might file a small claims court action.

• Example 3: Return of Loaned Property

  Suppose an individual lent a valuable antique camera to a friend for a photography project, with the understanding that it would be returned after two weeks. Several months have passed, and despite repeated informal attempts, the friend has not returned the camera. The owner then sends a formal written notice to the friend, demanding the immediate return of the camera, specifying the item and the date it was loaned. This formal notice is a personal demand because it is a direct request from an individual for the return of their property, serving as a clear and documented step before potentially pursuing legal remedies like a replevin action.