write-demand-letter

Write Demand Letter

Draft a formal pre-litigation notice that states your claim precisely, demands specific relief by a firm deadline, and creates an enforceable paper trail.

Why This Is Best Practice

Adopted by: Demand letters are used by every litigation attorney before filing suit — courts in most jurisdictions require good-faith attempts to resolve disputes before accepting certain case types. Small claims courts across all 50 US states permit self-represented litigants; a demand letter is the expected prerequisite. The Consumer Financial Protection Bureau recommends written demand as the first step in debt collection disputes.

Impact: A properly written demand letter resolves approximately 40–60% of small disputes without court involvement (NOLO small claims research, 2022). It costs nothing but time, creates a legal record, restarts statutes of limitations in some jurisdictions, and demonstrates good faith — which matters to judges if the case proceeds. An unpaid $5,000 invoice that goes to small claims after a demand letter costs $30–$75 in filing fees vs. $3,000–$10,000 in attorney fees for civil court.

Why best: An email saying "please pay me" is not a demand letter. A proper demand letter references the legal basis for the claim, states a specific dollar amount and deadline, identifies consequences of non-compliance (legal action), and is sent via a method that creates proof of delivery. These elements signal seriousness to the recipient and create a record that courts find credible.

Sources: ABA Model Rules of Professional Conduct (2023); Warner, Everybody's Guide to Small Claims Court (NOLO, 2023); Black's Law Dictionary (demand, breach, consideration)

Steps

Step 1: Confirm your claim is legally sound before writing

Ask: (1) Do I have a valid contract, oral or written? (2) Did the other party breach it? (3) Can I quantify my damages? (4) Is the claim within the statute of limitations (typically 3–6 years for contracts; 1–2 years for personal injury; varies by state)? If all four are yes, proceed.

Step 2: Gather supporting documents

Collect before drafting:

• Original contract or agreement (written or email thread establishing oral terms)
• Invoices, receipts, or proof of payment/non-payment
• Communications documenting the breach (emails, texts, screenshots)
• Photos or estimates for property damage
• Any prior attempts to resolve

You will not attach all of these to the letter — but reference them specifically and retain originals.

Step 3: Draft the letter using this structure

Opening — Identify the parties and relationship:

"This letter constitutes formal notice to [Full Legal Name of Recipient] ('Recipient') from [Your Full Legal Name] ('Claimant') regarding [brief description: 'an unpaid invoice for services rendered' / 'breach of contract dated [date]' / 'damage to property at [address]']."

Facts — State what happened, objectively:

"On [date], we entered into a written agreement pursuant to which [Recipient] agreed to [obligation]. On [date], I performed [your obligation]. As of the date of this letter, [Recipient] has failed to [pay / return / repair / vacate] despite repeated requests on [dates]."

State only verifiable facts. Do not editorialize, threaten, or express frustration. Courts read these letters.

Legal basis — Name the claim:

"This failure constitutes a breach of contract / conversion of property / violation of [state] Civil Code § [X] (security deposit return) / violation of the [state] Wage Payment Act."

You do not need to cite statutes for simple breach — "breach of contract" is sufficient. Cite statutes when they exist and are clearly applicable (landlord-tenant, wage law, consumer protection).

Relief demanded — Be specific:

"Claimant hereby demands that [Recipient]: (1) pay the sum of $[exact amount], representing [itemised: principal $X, interest $X at [rate]% per annum from [date]]; (2) [return / repair / vacate] [specific property or obligation]; by no later than [date — give 14–30 days]."

Consequence of non-compliance:

"If Recipient fails to comply by the above deadline, Claimant intends to pursue all available legal remedies, including but not limited to filing suit in [appropriate court], seeking recovery of the full amount owed plus court costs, filing fees, and any applicable attorney's fees as permitted by law."

Closing:

"Nothing in this letter shall be construed as a waiver of any rights or remedies available to Claimant. Claimant reserves all rights."

Sign with your full legal name and date.

Step 4: Set the deadline correctly

• 14 days: appropriate for clear-cut debts, returned goods, small amounts.
• 21–30 days: appropriate for amounts over $5,000, or where the recipient may need time to consult counsel.
• Do not set a deadline you cannot enforce — if you say 14 days and do nothing on day 15, your credibility is damaged.

Step 5: Send via certified mail with return receipt + email

• Certified mail (USPS Form 3800) with return receipt creates a legally recognised record of delivery. Retain the green card when returned.
• Email simultaneously creates an instant timestamp and shows you made every effort to communicate.
• Do not send via social media or text only — these are not recognised as formal legal notice in most jurisdictions.

Step 6: Note the response deadline on your calendar

If no response by the deadline: file in small claims court (for amounts under the state limit, typically $5,000–$25,000) or consult an attorney for larger amounts. The demand letter is Exhibit A.

Rules

• State only facts you can prove. Exaggerated claims undermine your credibility if the case proceeds to court.
• Do not make threats beyond "I will pursue legal remedies." Threatening criminal prosecution to collect a civil debt is extortion in most jurisdictions.
• Do not include emotional language. Courts disregard it; recipients use it to paint you as unreasonable.
• Keep a copy of the letter exactly as sent, the certified mail receipt, and all delivery confirmations.
• One demand letter is sufficient. Sending multiple escalating letters without filing suit trains the other party to ignore you.
• For claims involving consumer protection violations, check if your state has a specific statutory demand procedure (e.g., California's 30-day demand before filing CLRA claims) that entitles you to attorney's fees.

Examples

Unpaid invoice ($3,200, freelance designer):

"On March 1, 2025, we entered into a written agreement pursuant to which I agreed to design a brand identity package for [Company] in exchange for payment of $3,200 due upon delivery of final files. On April 10, 2025, I delivered the completed files via email (see attached). As of the date of this letter, payment has not been received despite invoices sent on April 10, May 1, and May 20, 2025. I demand payment of $3,200 by June 15, 2025. If payment is not received by that date, I will file suit in [County] Small Claims Court."

Security deposit not returned ($1,800, California):

"Pursuant to California Civil Code § 1950.5, you were required to return my security deposit of $1,800, or a written itemised statement of deductions, within 21 days of my vacating the premises on April 30, 2025. As of the date of this letter, I have received neither. I demand the return of $1,800 by May 30, 2025. Under Civil Code § 1950.5(l), your failure to comply in good faith entitles me to twice the amount of the security deposit withheld in bad faith."

Common Mistakes

Sending an email that says "I'll sue you": This is not a demand letter. It lacks the legal elements, documentation references, and precise remedy. Courts do not treat informal threats as formal notice.

Demanding an unrealistic amount: Claiming $50,000 for a $3,000 breach signals bad faith and undermines your credibility. Demand the actual amount owed, plus documented consequential damages if applicable.

Giving too short a deadline (3–5 days): Courts view this as bad faith. A 14-day minimum is standard for simple claims.

Waiting too long: Statutes of limitations are absolute. A demand letter stops nothing — only filing suit tolls the statute (in most states). Know your deadline before you write.

Not retaining proof of delivery: "I sent it" without a return receipt or email delivery confirmation is unverifiable. Always send certified mail.

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Legal disclaimer: This skill encodes professional best practices for educational purposes. It is not legal advice. Demand letters can have strategic and legal consequences specific to your situation. For claims involving significant amounts, consumer protection statutes, or potential counterclaims, consult a licensed attorney before sending.