Demand Letter (sample of Small Claims Court Notice)

For many people, using the court to settle their dispute is seen as a last resort. For that reason, many courts require you to first request payment from the other party before you can sue. You can make your request personally, by phone or in writing.

One of the best ways to meet this requirement is to send a "demand letter" via certified mail. The letter should be written in a very clear but non-abusive manner. It should start with the facts of the case and tell them why you feel that payment is justified. It should also contain exactly what you are seeking and a deadline for when you want to receive payment.

By keeping a copy of the letter, as well as the confirmation receipt of delivery, you can show the judge that you have made your best effort to collect the money without going to court.

Often, a well-drafted demand letter will open up conversations of settlement. In other situations, a demand letter, coupled with the fact that you've already filed the suit, brings the other party to the negotiating table.

View and print the demand letter.

Related definitions:

Demand Letter - A letter by which one party explains its legal position in a dispute and requests that the recipient take some action (such as paying money owed), or else risk being sued. Under some statutes (especially consumer-protection laws), a demand letter is a prerequisite for filing a lawsuit.