How should I write the 'warning' letter to someone who is about to be arrested and incarcerated if certain actions aren't taken?

Be very straightforward. Don’t be rude, be formal. Tell her all the consequences in a clear manner—make sure she can and will understand it. Tell her she will owe the 35$ a day and the 500$ contempt fee (See how funny she finds that!) and tell her that she will be sitting in a cold, dark cell until she decides to return the stolen property. Don’t threaten her or anything, just be very forward like I said earlier.
I’m not sure how exactly you would go about writing it, with wordings and such. But like I said, I’d be formal, clear, and forward.

Just keep it short and simple. Stick to the facts only, the consequences of failing to comply.
I would itemize it out in this type of format…

1. You have 15 days t respond from the date you receive this notice.

2. If you do not respond x,y,z will occur.

3, 4, 5… blah, blah, blah,......etc.

I would hire a lawyer to write it for you.

You’ve spoken to several attorneys and this is what may transpire but I don’t feel it’s your place to tell this woman that. Courtesy or whatever you call it, it’s not necessary and not your job.

@jca I almost said the same thing but just stuck to answering the actual Q. I agree, no need to warn a criminal that the boom is gong to be lowered. haha

If your lawyers won’t write it for you, I would do as suggested above and keep it short and simple. I’d start with something like “This letter is to inform you that you have 15 days to ______. Failure to comply by (reiterate what she is to do) may lead to (then list the consequences).” I would then close with how she is suppose to get in touch with you to comply with the letter.

Are you sure you are suppose to tell her all of those things? It seems very odd that your lawyers are telling you to tell her she’ll be arrested and face jail time. I could understand a written request to retrieve belongings without the warning. No matter how nicely it is worded, the warning is still a threat of further legal action against her.

I’m not really sure it’s your place to be writing it at all. Given that it’s not your property and not you to whom Woman A owes anything to, such a letter coming from you might be construed as harassment or intimidation. If anything such a letter should probably come from the court itself or an attorney representing Woman B.

Yes, re-reading the OP, I am not clear on why you are even involved, @Yellowdog. I agree with @Darth_Algar. If I were the woman, I’d not only wonder why you are taking on this task, but I’d run with your letter to the Police and tell them you’re harassing me.

This is a small-claims court case and normally does not require attorneys

Attorneys charge 100–300 dollars an hour—up to that foir writing a letter—after $1,000 for taking the case and the letter I write may get the job done without even going to court

A lot of my things are in this woman’s possession as well. Part of a separate suit. Her son has my HP 3-in-1 computer and the woman has an air purifier and Kurig in the house, which woman “B” was using

In any case, the letter must be written as part of the small-claims procedure when it involves writ of possession / contempt.

Attorneys will advise or be consulted without charging for a case they cannot take (too small a case for the fees acurred)

If she is in contempt of court, wouldn’t the court or the police be the ones to tell her?

So, do you really just need to tell her that if she doesn’t comply within 15 days you will file the contempt of court notice for the writ of possession? If so, that is all I would say and leave all of the other consequences out.

ica—Yes, once the papers are filed, she’ll be arrested and hauled off to jail and eventually appear before a judge. I am not sure why, but one is supposed to inform the defendant of what actions you are about to make, to settle it out of court.

Thanks, Seaofclouds— your solution is much simpler and involves less threatening content. As others have pointed out, I don’t wish to be accused of harassment or threats

@Yellowdog: The consequences are that if she doesn’t comply within 15 days, you will file the Contempt of Court notice. Everything else is not for you to tell her.

Here is a template of a letter I might write if I found myself in a similar situation.Hope it helps.

Yellow Dog
123 Your Street
Yellowdog, US 12345
(123) 456–7890

May 24 2017

Woman A
123 Address St
Anytown, ST 12345

Dear Ms. A

Regarding the lawsuit concerning Ms. B’s possessions:
I did not want to send you a dramatic or threatening letter such as this; however, it has been x months, and you still have not complied with the judge’s order, or even appeared in court, leaving us with no option but to file a “Writ of Possession/Contempt of Court”.
This letter is to inform you that the following actions may be taken:
Fifteen days after receipt of this letter, if you have not complied with the judge’s orders, a warrant will be issued for your arrest. You will remain in jail until the property or monetary compensation (determined by the judge to be $997 plus court costs and legal fees) is paid in full.
If you are released on bail and still do not return the property (or pay the monetary compensation), you will face a second arrest without bail. You will remain incarcerated up to 11 months 29 days until the property is returned or monetary compensation is made, and you will STILL be responsible for any and all liens and garnishments. There will also be a $500 contempt-of-court fine, due as soon as the writ is filed, since you failed to appear court and have disdainfully ignored the court order
There will also be an additional $35.00 assessed per day while you are incarcerated for court costs and legal fees.
Again, I did not want to be dramatic or threatening about the situation, but unfortunately it has come to this.

Sincerely,

Yellow Dog

I wouldn’t do all that. I’d say, after the addresses and date at the top, “Dear Ms. A: If you do not comply with the Judge’s order by _____, we will be filing a “Writ of Possession/Contempt of Court” in Mayberry Town Court the following day. Sincerely, Yellow Dog.

I’m in general agreement with @Seaofclouds here. You can outline the facts and timeline as you know them (that is, as you have documented evidence of knowledge, aside from anyone’s say-so about what happened and when), and you may also have evidence of the woman’s response (or lack thereof), which may also be part of the timeline of events.

But you have no certain knowledge of “what WILL happen”. You may have been informed on the likely outcomes and remedies for her continued flouting of the judge’s orders, but prosecution and sentencing are completely out of your hands and your ken. You cannot know with certainty what “will” happen. It might be helpful to outline to likely or potential outcomes, or the relevant statutes so that she can look those up herself if she’s so inclined.

Finally, I would close with a settlement offer. What will it take from her in terms of a cash offer for you (at least) to drop your claim? Perhaps the other parties in the suit can countersign your letter and make their own settlement offers. If she ends up in jail for a year – and if there is no parallel entry to the apartment and distribution of the goods, or cash to settle the claims against her – then no one is likely to win for at least another year or so.

@jca‘s response just above is good, too.

@Yellowdog . You’ve done it right so far. I know it must have been frustrating to be patient and let the process carry out.
Don’t mess it up now. I think you’re going to be fine, if you keep it simple and free of anything remotely emotional.

As mentioned above, I would be short , and factual.

Personally, I would hope she doesn’t heed the warning. She’s put you through a lot. Let her stay the course. She deserves whatever consequences of her actions.

What a mess…

Good luck brother.

Peace n love.

If the outcome is the same, why bother? Did I miss something?

I think it would prove to the defense that the OP had done everything possible to help the accused avoid the upcoming legal actions her. The courts like to see that sort of thing. And as a taxpayer, I’d like to know that the court system tries to keep people out of jail. After all, it’s my money they’ll be using to feed, clothe and house the inmates.