Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
You're ready to take someone to small claims court. Maybe a contractor did shoddy work, a former roommate owes you money, or a business won't refund a defective product. But before you head to the courthouse, there's an important question: do you need to send a demand letter first?
The short answer: sometimes it's legally required, and even when it's not, it's almost always a good idea.
In This Guide
Do You Legally Need a Demand Letter Before Small Claims Court?
Whether a demand letter is legally required depends on your state and the type of case.
States That Require a Demand Letter
California is the most notable example. Before filing in small claims court, you must be able to show you made a good-faith effort to resolve the dispute. A demand letter is the clearest proof of this effort.
Other states with similar requirements or strong judicial expectations include:
- Massachusetts - Required for certain consumer protection cases (Chapter 93A)
- Michigan - Required for some landlord-tenant disputes
- Texas - Required for deceptive trade practice claims
States Where It's Strongly Recommended
Even in states without a legal requirement, most small claims judges expect you to have attempted resolution before taking up court time. This includes New York, Florida, Illinois, Pennsylvania, and Ohio.
When the judge asks, "Did you try to resolve this before filing?" you want to be able to say yes and show proof.
Why Send a Demand Letter Even If It's Not Required?
Here's the reality: most small claims cases settle before trial. A well-written demand letter dramatically increases your chances of getting paid without ever stepping foot in a courtroom.
Key insight: Demand letters result in some form of resolution 30-50% of the time. That's a lot of court appearances avoided.
1. It Often Leads to Quick Settlement
Many people will pay when they receive a formal demand letter. They might have been ignoring your texts and calls, but a letter that mentions small claims court gets attention.
2. Judges View It Favorably
If your case does go to trial, having sent a demand letter shows you acted reasonably and gave the other party a chance to resolve things.
3. It Strengthens Your Case
Your demand letter becomes evidence. If the defendant claims they didn't know what you wanted, you can point to the letter that clearly laid everything out.
What to Include in a Small Claims Demand Letter
A demand letter for small claims should be straightforward and professional:
- Your information - Name, address, phone, email
- Recipient's information - Their name and address
- Date - Important for establishing your timeline
- Clear description of the dispute - What happened, when, and where
- The exact amount you're owed - Break it down if there are multiple components
- A deadline - Typically 14-21 days
- Consequences - State that you'll file in small claims court if not resolved
Sample Language for Small Claims Intent
Here's how to phrase your intent to file:
"If I do not receive payment of $[AMOUNT] by [DATE], I intend to file a claim in [STATE/COUNTY] Small Claims Court. This will result in additional costs and time for both of us, which I hope to avoid through a prompt resolution of this matter."
Sample Small Claims Demand Letter
Jane Smith
123 Main Street
Los Angeles, CA 90001
(555) 123-4567
[email protected]
February 3, 2026
John Doe
456 Oak Avenue
Los Angeles, CA 90002
RE: Demand for Payment - $2,500 for Photography Services
Dear Mr. Doe,
This letter serves as a formal demand for payment of $2,500 owed to me for photography services provided at your corporate event on November 15, 2025.
As agreed in our written contract dated October 20, 2025, I provided 6 hours of event photography, delivered 250 edited digital images, and created a photo album. Payment was due within 14 days of delivery (December 1, 2025).
Despite the images being delivered on November 17, 2025, and multiple follow-up requests on December 5, December 20, and January 10, I have not received payment.
Amount Owed: $2,500
I request payment in full by February 17, 2026. Payment can be made via check mailed to the address above or by bank transfer.
If I do not receive payment by this date, I will file a claim in Los Angeles County Small Claims Court. This will result in court costs, potential interest, and will require your appearance in court.
Sincerely,
Jane Smith
Small Claims Court Limits by State
Before you proceed, make sure your claim fits within small claims limits:
| State | Small Claims Limit |
|---|---|
| California | $12,500 ($6,250 for businesses) |
| New York | $10,000 |
| Texas | $20,000 |
| Florida | $8,000 |
| Illinois | $10,000 |
| Pennsylvania | $12,000 |
| Ohio | $6,000 |
| Georgia | $15,000 |
| Michigan | $6,500 |
| New Jersey | $3,000 ($5,000 for certain claims) |
What Happens After You Send It?
They Pay in Full
Problem solved. No court needed.
They Offer a Partial Payment or Payment Plan
Consider whether it's worth accepting. Getting 80% now might be better than 100% after months of court. If you agree to a payment plan, get it in writing.
They Dispute the Claim
Listen to their side. If their response is unreasonable, you have additional evidence of their bad faith for court.
They Ignore You
After your deadline passes, proceed with filing in small claims court. Their non-response shows the judge you tried.
Ready to Send Your Demand Letter?
Our free generator helps you create a professional demand letter in minutes.
Create Your Free Demand LetterKey Takeaways
- Some states (like California) require a demand letter before small claims court
- Even when not required, sending one improves your chances of settling and winning
- Include the amount owed, deadline, and intent to file in small claims court
- Send via certified mail with return receipt for proof
- Wait 14-21 days before filing your court case
Related Articles
Free Tools: Try our Damages Calculator, Dispute Diagnostic Quiz, or Statute of Limitations Lookup.