In California, you’re typically required to send a small claims demand letter to the defendant before filing a small claims case. It’s a good idea because once you send a formal demand letter typed up on paper, mailed to them by certified mail, it shows that you’re serious and often times can trigger a defendant to make a payment.
👉Do you want a sample small claims letter in word format? Click here!
Why send the small claims demand letter?
At a minimum, the small claims demand letter can open up a dialogue between you and the defendant and help you reach some sort of settlement because you’re going to lay out your case in the demand letter and they’ll see where you’re coming from. Sometimes a settlement is better than a tired cranky small claims commissioner deciding your case in 5 minutes. The California court’s website has a form that helps you fill out a demand letter. http://www.courts.ca.gov/11145.htm.
Tips for creating a small claims demand letter.
1. Clearly State Your Intentions: Begin your letter by clearly stating that it is a demand for payment or action before escalating the matter to small claims court. Make sure to include the amount owed or the specific action you are requesting.
2. Provide Detailed Information: Include relevant details such as dates, amounts owed, and any contractual agreements or promises made. Provide supporting documentation, such as invoices, contracts, or correspondence, to substantiate your claim.
3. Be Concise and Professional: Keep your letter concise and professional. Avoid emotional language or accusations, and stick to the facts of the dispute. A clear, respectful tone increases the likelihood of a favorable response.
4. Outline Consequences of Noncompliance: Clearly state the consequences of noncompliance, such as the possibility of further legal action or damage to the defendant’s credit rating. This can incentivize prompt resolution of the dispute.
5. Set a Deadline for Response: Specify a reasonable deadline for the recipient to respond to your demand letter. This gives them a clear timeframe to address the issue and avoids prolonged delays.
6. Offer a Settlement or Negotiation: If appropriate, offer to settle the dispute through negotiation or mediation. This demonstrates a willingness to resolve the matter amicably and can lead to a faster resolution.
7. Proofread and Edit Carefully: Before sending your demand letter, proofread it carefully for spelling and grammatical errors. A well-written letter enhances your credibility and professionalism.
8. Send via Certified Mail: Send your demand letter via certified mail with a return receipt requested. This provides proof of delivery and ensures that the recipient cannot claim ignorance of the letter.
Conclusion: A well-written demand letter is a powerful tool for resolving disputes and avoiding the need for costly litigation. By following these tips and guidelines, you can increase the effectiveness of your small claims demand letter and improve your chances of a favorable outcome.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have specific legal questions or concerns, consult with a qualified attorney.
More specific examples for the small claims demand letter:
- Include the date.
- Send the letter by certified mail or some mailing method where you can confirm that the mail was sent and received (don’t send it by email or fax, but if you are going to do that, send it also my certified mail).
- Include the defendant’s full name and address at the top.
- Including a “re:” line, which gives the subject for the letter: “Demand for payment prior to filing a small claims action.”
| Re: | Date of Auto Crash: | October 31, 1999 |
- In the letter, the first line, tell them exactly what you want. You’re writing this letter because the defendant owes you money and you want payment in 10 days.
The purpose of this letter is to notify you that I will be filing a lawsuit against you for damages resulting from the car crash that occurred on October 31, 1999. You were the owner of DEFENDANT VEHICLE involved in the crash and liable for damages caused by the driver who failed to provide a license or proof insurance. [Insert applicable reason for lawsuit here.]
- Tell them exactly the amount of money you want. (“$5,000”)
Demand: Please pay MONEY AMOUNT, the cost to repair my vehicle, within thirty days of this letter. Exhibit 3 is the repair estimate for my vehicle. If I do not hear from you on or before that date, I will file a lawsuit against you. If a judgment is obtained against you, it will negatively affect your ability to get credit. You will be ordered to pay court costs and interest on the judgment.
- Next, tell them exactly when you want payment. (“1 month”)
- Next, put in the letter that this is the last chance to settle prior to you filing a small claims action.
- Explain in the letter that once you go to small claims, you’re going to get a judgment which can affect their credit and will earn interest.
If you decide to ignore this demand, I will pursue all legal remedies without further notice to you. This letter serves as evidence that I have attempted to resolve this matter informally.
- Next, put in the letter exactly how you want payment. By check or cashier’s check, mailed to an address.
- Next, put your phone number and email address so they can contact you back. Don’t just give a physical address because it’s slow.
- Also put in the letter that you plan to use the letter as evidence that you’ve attempted to resolve this matter with them. Take the demand letter with you to small claims court and show it to the judge.
Do you want a Sample Small Claims Demand Letter? Click here!
