Before You Start
- Send via certified mail with return receipt - proof of delivery is critical
- Send to the company's legal department or registered agent
- Be specific about what documents should be preserved
- Keep a copy for your records with the certified mail receipt
Template
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[YOUR EMAIL]
[DATE]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[COMPANY LEGAL NAME]
Attn: Legal Department
[COMPANY ADDRESS]
[CITY, STATE ZIP]
RE: LITIGATION HOLD / DOCUMENT PRESERVATION NOTICE
Account: [ACCOUNT NUMBER]
Member Name: [YOUR NAME]
Dear Legal Department:
Please be advised that a dispute exists between [YOUR NAME] and [COMPANY NAME] regarding unauthorized charges totaling $[AMOUNT] from [DATE RANGE].
Legal action is reasonably anticipated. This letter serves as formal notice of your obligation to preserve all documents, electronically stored information (ESI), and physical evidence relating to this matter.
DOCUMENTS TO BE PRESERVED:
1. MEMBERSHIP RECORDS
- All membership agreements, contracts, and amendments
- Account creation documentation
- Account modification records
- Cancellation requests and confirmations
2. BILLING RECORDS
- All payment history and transaction records
- Billing system logs and audit trails
- Refund requests and processing records
- Credit card/bank authorization records
3. COMMUNICATIONS
- All emails, letters, and written communications
- Phone call recordings and notes
- Chat transcripts and online communications
- Internal communications referencing this account
4. EMPLOYEE RECORDS
- Names and contact information of employees who handled this account
- Training materials related to cancellation procedures
- Performance metrics or quotas related to cancellations
5. SYSTEM DATA
- Access logs showing account modifications
- System error reports
- Database backups containing historical account data
PRESERVATION OBLIGATIONS:
You are legally obligated to:
- Immediately suspend any routine document destruction policies
- Preserve all documents in their original format
- Prevent modification or deletion of electronically stored information
- Notify all employees who may possess relevant documents
Failure to preserve these documents may result in spoliation claims, adverse inference instructions, and sanctions in any subsequent legal proceedings.
Please confirm receipt of this notice and your intent to comply in writing within 10 days.
Sincerely,
[YOUR SIGNATURE]
[YOUR PRINTED NAME]
Next Steps
- Send alongside or before your formal demand letter
- If they later claim records don't exist, you have proof they were notified
- Reference this notice in any arbitration or small claims filing
Tips for Success
- This creates legal leverage. If they destroy documents after this notice, it can be used against them.
- Be comprehensive. List everything that could possibly be relevant to your case.
- Send early. The sooner they receive this, the less excuse they have for 'routine destruction.'