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How do I send a demand letter before small claims court?

Updated · By the SendMyLettersOnline team

Write a letter stating how much you are owed, why, and a deadline to pay, say you will file in small claims court if it isn't paid, and mail it by Certified Mail with a return receipt. Many courts expect you to ask for payment before suing; in California, for example, the small claims form SC-100 asks whether you asked the defendant to pay and, if not, why not.

What a small claims demand letter should include
PartExampleWhy
Amount$2,400The court will ask for an exact figure
BasisUnpaid invoice for fence installed June 3Shows your claim in one sentence
EvidenceCopies of invoice, texts, photosLets the other side check, and previews your case
DeadlineA specific date, often 10-14 days outGives a clear chance to pay
Next step"I will file in small claims court"Makes the consequence clear without threats

Steps

  1. Gather your documents: contract, invoice, receipts, messages, photos.
  2. Write the letter with the amount, the facts, the deadline and how to pay. Our demand letter template is a starting point.
  3. Send it to the person's address or the business's address, by Certified Mail with return receipt.
  4. Wait for the deadline. If there's no payment, follow your court's filing instructions and bring the letter and both receipts.

Check your court's rules

Small claims limits, fees and pre-filing steps are set by each state. California's small claims self-help pages and the SC-100 form show the kind of question courts ask. Look for the equivalent page on your state court's website.

Some claims have their own pre-suit demand rules, such as Massachusetts' 30-day written demand under c. 93A, section 9. This guide is general information, not legal advice. For a specific dispute, a legal aid office or a licensed attorney in your state can tell you what applies.

Quick answers

How do I send a demand letter before small claims court?

Write it with the amount, the reason and a deadline, and send it by Certified Mail with return receipt so you can show the court the other side received it.

Does a demand letter need to be sent certified mail?

Usually not by law, but it's the best proof. See does a demand letter need certified mail.

How do I send a security deposit demand letter?

The same way: amount, move-out date, deadline, certified mail. See security deposit demand letter.

What to do next

Fill in the demand letter template and send it Certified with return receipt for $17.99, so you have the proof ready for court.

Write my demand letter

Sources

Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.