How to Send a Demand Letter Prior to Small Claims Court
A demand letter lays out to the potential defendant in your suit how he wronged you and what damages you want to collect from him. It also shows the judge that you tried to solve the matter in a civil manner outside of the courtroom. Send a demand letter prior to small claims court to give someone the chance to make amends before you file suit; some jurisdictions require it.
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Instructions
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Format your demand letter like a business letter and include your full name and address at the top of the letter, followed by the date, then the name and address of the person who will receive the demand letter.
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Explain to the recipient the reason for your demand letter. Tell him how he wronged you, and include dates and witnesses.
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Demand payment. Tell the recipient of your demand letter how much money you expect to recover from him.
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Set a date on which you will sue the recipient in small claims court if he does not meet your demand.
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Send your demand letter by certified mail, with a return receipt requested. That means the recipient will have to sign for your demand letter, and you will have proof that he received it.
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Tips & Warnings
Write your demand letter in a professional tone, without emotional words. Remember that a judge may ask to see the letter.
Laws about what you must include in your demand letter vary by jurisdiction. Consult your small claims court about local requirements.
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