How to
How to write a demand letter, and when the law requires one before you sue
Short answer
A demand letter tells the person who owes you money what happened, the amount, a deadline to pay and what you will do next. California requires you to ask for payment before you sue; Texas requires 60 days' notice for consumer claims; Florida and New York set no general rule. Send it by certified mail and keep a copy.
Letter generator · 4 letter types
Write your demand letter
Written the way court self-help centers write it: short, factual, polite, firm · checked Oct 21, 2026
What is the letter about?
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- What it is
- A demand letter is a short, factual letter that says what happened, how much you are owed, by when you want it, and what you will do next, usually file in small claims court. It is not a court paper, but a judge can read it later.
- When required
- California: you must ask the other side to pay before you file a small claims case. Texas: a consumer claim under the deceptive trade practices law needs written notice 60 days before suit. Florida and New York: no general rule for a person's small claim.
- What to include
- The date, both names and addresses, the facts in one or two sentences, the exact amount and how you got to it, a deadline (10, 14 or 30 days), what you will do if it is not paid, and a request for a written reply.
- How to send
- Certified mail with a return receipt, plus a copy by email the same day. Keep a copy of the letter and the receipt: they prove the other side knew, and the court may ask to see them.
A demand letter is the first formal step when someone owes you money and will not pay. It puts the facts, the amount and a deadline in writing, and it often settles the matter without a court case. When it does not, the letter becomes evidence: it shows the judge that you asked politely and gave the other side a chance to pay. In California the court requires that you ask for payment before you file a small claims case, and in Texas a consumer must give 60 days' written notice before suing over a deceptive practice.
Below: what a demand letter is and does, when the law requires one before you sue in California, Texas, Florida and New York, what to include and what never to write, how to send it, the deadline to set, sample wording, and what happens next. The generator at the top writes the letter from your facts. This page explains the law; it is not legal advice about your claim.
What a demand letter is, and what it does
A demand letter is a letter that formally requests the money you are owed. The California courts' self-help center calls it exactly that, and runs a letter builder for it. It is not a court order and it does not force anyone to pay; what it does is put your claim in writing, with a date, an amount and a deadline, so that the other side understands you are serious and the judge, if it comes to that, sees that you asked first. California Courts: Demand Letter
- It often works. Many people pay, or offer a payment plan, when they get a clear letter with a deadline. If the other side pays, you do not need to go to court. California Courts: Ask for the money
- It is evidence. A judge can read it. San Mateo's court tells plaintiffs to keep a copy of the demand letter and bring it to court to show the judge. San Mateo Superior Court
- In some states it is a required step, and in some types of case the law sets the notice period: see the table below.
- It is not a cease and desist letter. That letter asks someone to stop doing something; a demand letter asks for money, a refund, a repair or your property back. See Cease and desist letter.
A demand letter can ask for money owed (a loan, an unpaid invoice, a deposit that was not returned), the cost of repairing or replacing damaged property, a refund for goods or services you paid for and did not get, or the return of your property. A landlord's security deposit has its own rules and its own letter: see Getting your security deposit back.
Do you have to send a demand letter before you sue?
No federal law requires a demand letter before an ordinary lawsuit for money. Whether you must send one depends on the state and on the type of claim. Even where it is not required, every court self-help source compared here recommends asking first. Texas State Law Library · Miami-Dade Clerk
| State | Is a letter required before you sue? | Where the rule comes from | Deadline the law sets |
|---|---|---|---|
| California | Yes, before a small claims case. The claim form says: you must ask the defendant, in person, in writing or by phone, to pay you before you sue, and you declare whether you have done it. The court's self-help center lists it as a step you must take; a letter or an email counts. If there is a restraining order between you, or asking would be dangerous, you do not have to ask. Form SC-100 · California Courts: Ask for the money | Cal. Code Civ. Proc. § 116.320(b): the small claims form must state that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property. Judicial Council of California, SPR16-08 | None. The law does not say how long to wait; the self-help center says do not wait if a filing deadline is close. Certified mail is not required. California Courts · San Mateo Superior Court |
| Texas | Not for an ordinary small claim in the justice court; the State Law Library says it is always recommended to try to resolve the problem with the other party first. Yes for a consumer claim under the Deceptive Trade Practices Act: written notice of your specific complaint and the amount of damages and expenses, at least 60 days before you file. For a contract claim, if you want the court to add attorney's fees later, the claim must have been presented and left unpaid for 30 days, and you must have a lawyer. Texas State Law Library: Small claims | Tex. Bus. & Com. Code § 17.505(a) (the 60-day DTPA notice) · Tex. Civ. Prac. & Rem. Code §§ 38.001, 38.002 (presenting a contract claim before attorney's fees). | 60 days between the DTPA notice and the suit; during those days the business may ask to inspect the goods. 30 days to pay after a contract claim is presented, before attorney's fees can be claimed. § 17.505(a) · § 38.002 |
| Florida | No general rule. A small claim starts with a statement of claim filed with the clerk, and the court sets a pretrial hearing where you try to settle. The Miami-Dade clerk's pamphlet still says: before you consider a small claims action, first try to communicate what is in dispute; it is a good idea to send a letter which clearly states your complaint. Miami-Dade Clerk, pamphlet CLK/CT 881 | No statute requires a demand for an ordinary claim. A bounced check is the exception: a written demand sent by certified or registered mail, or by first-class mail with an affidavit of mailing, gives the writer 30 days to pay; after that you can sue for three times the check, at least $50, plus the check, costs and attorney's fees. Fla. Stat. § 68.065 | 30 days after the written demand for a bad check. Otherwise none. |
| New York | Not for a person's small claim. You start the case by giving the clerk a statement of your claim and paying the fee; the clerk mails the notice to the defendant. Yes for a business that sues a customer in the commercial claims part over a consumer transaction: it must mail a demand letter by ordinary first-class mail and certify that it did. N.Y. City Civ. Ct. Act § 1803 | N.Y. City Civ. Ct. Act § 1803 (small claims: no demand) · § 1803-A and N.Y. Uniform City Ct. Act § 1803-A (commercial claims on a consumer transaction: the demand letter, its contents and timing). | For the commercial claim: the letter goes out no less than 10 days and no more than 180 days before the claim is filed. For a person's small claim, none. § 1803-A |
Quick guide
Do you have to send a demand letter before you sue?
1. Which state will you sue in?
What is the Texas claim about?
Who is suing in New York?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
What to include in a demand letter
Alameda County's court lists what a demand should contain: the demand for money or other action, a brief summary of the incident, a deadline to meet the demand, and your intent to sue if the defendant does not pay. In practice, a good letter has these parts, in this order: Alameda Superior Court
- The date, and both names and addresses. Your name and mailing address at the top, then the other person's or business's full name and address. Use the legal name of a business if you know it.
- A subject line. One line that says what the letter is: Re: Demand for payment of $1,200, or Re: Return of my property.
- The facts, in one to three sentences. What happened and when: the loan, the sale, the job, the damage. Dates and amounts, no adjectives. If there is a written agreement, say so and attach a copy.
- The exact amount, and how you got to it. The amount owed, minus anything already paid, plus the cost of a repair or replacement if that is the claim. Attach the invoice, estimate or receipts. In Texas, a consumer's deceptive practices notice must state the amount of economic damages and expenses in reasonable detail. § 17.505(a)
- The deadline. A clear date. 10 days or 14 days is usual for a simple debt; 30 days when the other side needs time to check records, or when a statute sets 30 days, as Florida's bad-check rule and Texas's attorney's-fee rule do.
- What you will do next. One sentence: if the amount is not paid by the deadline, you will file a claim in small claims court. Say it once, without drama.
- A request for a written reply, and your signature. Ask them to reply in writing, say that you would prefer to settle it without court, sign, and list what you attached.
What not to write
The letter can be read by a judge, so write it as if the judge is reading it now. San Mateo's court describes a demand letter as a brief, clear request for payment; nothing more belongs in it. Leave out: San Mateo Superior Court
- Threats of criminal charges, the police or immigration. A demand letter is about a civil debt. Threatening to report someone to the police, a licensing board or immigration unless they pay can itself be unlawful, and it destroys the letter's value in court.
- Insults, sarcasm and guesses about motives. Describe what was done, not what kind of person did it.
- Anything you cannot prove. Do not round the amount up, add vague damages or claim interest the contract does not provide. If the judge finds one exaggeration, the rest of the letter loses weight.
- Promises you do not mean. If you write that you will file in small claims court by a date, be ready to do it. An empty threat teaches the other side to ignore you.
- Legal language you do not understand. Plain words work. You do not need to cite a statute unless the law requires a specific notice, as the Texas DTPA does.
How to send it, and the deadline to set
Send it in a way you can prove. The federal consumer agencies give the same advice for letters to debt collectors: send it by certified mail with a return receipt, and keep a copy of everything you send. The green card, or the electronic receipt, shows the letter arrived and when. Email a copy the same day, so the other side cannot say it never came, and keep the sent message. CFPB: How do I get a debt collector to stop contacting me
- Certified mail with a return receipt, to the address you have for them. In California, the court does not require certified mail for the demand; a plain letter, an email or even asking in person satisfies the rule, but certified mail is still the easiest proof. San Mateo Superior Court · California Courts: Ask for the money
- A copy by email the same day, with the letter attached as a PDF.
- Keep a copy of the signed letter, the attachments, the mailing receipt and the return receipt. Bring them to court.
- Do not wait too long. The deadline to sue keeps running while you wait for an answer; California's self-help center says not to wait if a filing deadline is coming up soon. California Courts: Ask for the money
The deadline you set is your choice unless a statute sets one. The generator lets you pick 10 days, 14 days or 30 days from the day you send the letter:
- 10 days
- A simple debt, a known addressThe shortest reasonable period. New York's commercial claims rule uses 10 days as the minimum between a demand letter and filing. § 1803-A
- 14 days
- Most lettersTwo weeks: time for the letter to arrive, for them to check their records and reply.
- 30 days
- A business, an insurer, or a statuteFlorida's bad-check demand gives 30 days; a Texas contract claim must be presented and unpaid for 30 days before attorney's fees can be added. § 68.065 · § 38.002
Sample wording
The generator at the top fills this in from your facts. The shape is the same for a loan, an invoice, a repair bill or a refund:
- Re: Demand for payment of $1,200.
- Dear Mr. Lee, I am writing to ask you to pay the $1,200 you owe me. On March 3, I lent you $1,500, and you agreed in writing to repay it by June 1. You repaid $300 on May 2. The remaining $1,200 is now due and has not been paid.
- Please pay $1,200 by November 4. You can pay by check or bank transfer, and I will confirm receipt in writing.
- If I do not receive payment by November 4, I will file a claim in small claims court without further notice. The court can add filing costs to the amount.
- Please reply in writing to the address above. I would prefer to settle this without going to court.
- Sincerely, your name, with the copy of the agreement attached.
For damaged property, replace the loan sentences with what was damaged, when, and the repair estimate or replacement cost, and attach the estimate and photos. For a refund, say what you paid, when, what you did not receive, and attach the receipt. For property to be returned, name the item and where and when it should be returned.
What they may say, and what you can say
“I'll pay you when I can. Why are you sending me letters?”
You can say: “I put it in writing so we both have the same facts. Can you pay by the date in the letter, or tell me a date you can?”
“That's not what we agreed.”
You can say: “Here is the agreement and the payments so far. If you think the amount is wrong, send me in writing what you think is right and why.”
“I can only pay part of it.”
You can say: “I can accept a payment plan if the dates are in writing and the first payment is made now.”
“Sue me, then.”
You can say: “I'd rather settle it. If we can't, I'll file in small claims court, and the letter and the agreement go with me.”
“I never got any letter.”
You can say: “It was sent by certified mail and by email on the same day; I have the receipt. I'm attaching it again now.”
What happens next
| If… | What to do | Good to know |
|---|---|---|
| They pay in full | Confirm receipt in writing and say the matter is closed. Keep the letter and the payment record. | If you had already filed a case, tell the clerk in writing so the case is dismissed. |
| They offer less, or a payment plan | Decide what you can accept. Put any deal in writing, signed by both, with dates and amounts. | A written plan that is broken later is itself evidence for court. |
| They dispute the amount | Ask for their reasons and documents in writing, and answer with yours. A short exchange of letters often narrows the gap. | Practise the conversation with the AI mediator before you call. |
| They ignore the letter | File in small claims court, within the limit for your state and before the deadline to sue runs out. | See Small claims court and Deadlines to sue. |
If the amount is over your state's small claims limit, or the other side has a lawyer, talk to a lawyer or legal aid before you file. If you are the one who received a demand letter, read it carefully, check the dates and the amount against your own records, and reply in writing; if it comes from a debt collector, see A debt collector is after me.
Getting help
Court self-help centers in California, Texas, Florida and New York help people who sue without a lawyer, and California's self-help center has a free demand letter builder. Legal aid can read your letter before it goes out. California Courts: Demand Letter · Texas State Law Library
Common questions
Is a demand letter legally binding?
No. It is not a court order and it cannot force anyone to pay. It is a written demand that creates a record: it shows the judge you asked, when, and for how much. In California it is also a required step before a small claims case, and in Texas a consumer's 60-day notice is required before a deceptive trade practices suit.
Do I need a lawyer to write a demand letter?
No. Court self-help centers expect people to write their own, and California's courts run a free letter builder. A lawyer's letterhead can add pressure, and a lawyer is worth consulting when the amount is large or the facts are disputed. See Find a lawyer or free legal aid.
How long should I give them to respond?
Set a clear date: 10 days or 14 days for a simple debt, 30 days for a business or insurer, or when a statute sets 30 days. Do not let the deadline to sue run out while you wait: see Deadlines to sue.
What if they ignore my demand letter?
File in small claims court if the amount is within your state's limit, bringing the letter, the proof of mailing and your documents. See Small claims court.
Can I send a demand letter by email?
Yes, and in California an email satisfies the rule that you ask for the money before you sue. The safest way is both: certified mail with a return receipt, and a copy by email the same day.
Should I ask for interest in a demand letter?
Only if your contract provides for it or a statute allows it, and then show the calculation. Otherwise ask for the amount owed and let the court decide any interest and costs when you win. Adding interest you cannot justify weakens the letter.
What is the difference between a demand letter and a cease and desist letter?
A demand letter asks for money, a refund, a repair or your property. A cease and desist letter asks someone to stop doing something, such as contacting you or using your work. See Cease and desist letter.
Do I have to send a demand letter before small claims court in California?
Yes. The claim form asks whether you asked the defendant, in person, in writing or by phone, to pay you before you sued, and the law says the plaintiff, where possible, has demanded payment. You do not have to ask if there is a restraining order between you or asking would be dangerous.
Official sources
- California Courts Self-Help Guide: Ask for the money (a step you must take before filing; in person, by letter or email; restraining order exception) selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Demand Letter builder selfhelp.courts.ca.gov
- Judicial Council of California: form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court (rev. January 1, 2026), item 4: you must ask the defendant to pay you before you sue courts.ca.gov
- Judicial Council of California, invitation to comment SPR16-08: Code Civ. Proc. § 116.320(b), the plaintiff, where possible, has demanded payment courts.ca.gov
- San Mateo Superior Court: I want to sue in small claims court (ask in person, by phone or in writing; certified mail not required; keep a copy for the judge) sanmateo.courts.ca.gov
- Alameda Superior Court: Small claims for plaintiffs (rev. December 20, 2024), what the demand should include alameda.courts.ca.gov
- Texas Business and Commerce Code, Chapter 17 (§ 17.505(a): written notice at least 60 days before a DTPA suit) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 38 (§§ 38.001, 38.002: presenting a claim, 30 days, before attorney's fees) tcss.legis.texas.gov
- Texas State Law Library: Small claims cases, general information (recommended to resolve the dispute first) guides.sll.texas.gov
- Miami-Dade Clerk of the Court: How to file a small claims action, pamphlet CLK/CT 881 (rev. 12/25): try to communicate first, a letter is a good idea, the statement of claim and the pretrial hearing miamidadeclerk.gov
- Florida Statutes § 68.065 (2026): written demand for a dishonored check, 30 days, triple damages of at least $50 flsenate.gov
- New York City Civil Court Act § 1803: commencement of a small claims action (statement of claim, clerk's notice; no demand required) nysenate.gov
- New York City Civil Court Act § 1803-A: commercial claims, the demand letter 10 to 180 days before filing on a consumer transaction nysenate.gov
- New York Uniform City Court Act § 1803-A: the same demand letter rule for commercial claims outside New York City nysenate.gov
- Consumer Financial Protection Bureau: send the letter by certified mail and keep a copy consumerfinance.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.