Why send one
- It works more often than people expect. Many people and businesses pay once they see a clear amount, a deadline and a plan to file.
- Some states require it. In California, Montana, Nevada, Oregon, Wyoming, you are expected to ask for payment before you file (details in the table below). Some local courts also require the demand to be sent by certified mail.
- Judges look for it. Even where it isn't required, a dated letter is good evidence that you were reasonable and gave the other side a chance.
What to put in it
- Your name and contact details, and the date.
- The exact legal name of the person or business that owes you. For a business, use the name it is registered under with the Secretary of State, not just the sign on the door.
- What happened, in two or three sentences, with dates. Stick to facts you can prove: "On March 3, 2026 you were paid $1,800 to repair the roof. The roof still leaks and you have not returned my calls."
- The amount and how you got it. List items if there is more than one (deposit $1,500, cleaning fee charged twice $150).
- A deadline. 10 to 14 days is normal and looks reasonable to a judge.
- How to pay you: check, money order, Zelle, PayPal.
- What happens next: that you will file in small claims court and ask for your court costs too.
Keep it calm. Don't insult anyone or threaten things you can't lawfully do. In particular, don't threaten to report someone to the police or prosecutors to get paid on a private debt; in many states that can itself be illegal. "I will file in small claims court" is the only threat you need.
Sample demand letter
Maria Lopez
1450 Grove St, Apt 3, Oakland, CA 94612
(555) 010-0142 · [email protected]
October 20, 2026
Sent via certified mail
Sunset Dry Cleaners
820 Telegraph Ave, Oakland, CA 94609
Re: Demand for payment of $380
Dear Sunset Dry Cleaners,
On September 12, 2026, I left a leather coat with you for cleaning (ticket #4471). When I picked it up on September 19, the leather was cracked and discolored. The coat cost $380 in January 2026; the receipt is enclosed.
I am asking you to pay me $380 by November 3, 2026, by check or by Zelle to [email protected].
If I do not receive payment by that date, I intend to file a claim against you in small claims court and ask the court to also award my filing and service costs.
I would prefer to settle this without going to court. You can reach me at (555) 010-0142.
Sincerely,
Maria Lopez
You don't have to type this yourself. Every state page has a free letter tool that fills in your details, adds the right state to the court sentence, and downloads the letter as a PDF or Word file.
How to send it
- Certified mail with return receipt is the gold standard: you get proof of the date it was delivered. Keep the receipt and the green card.
- Email or text as well, so it arrives quickly. Save a screenshot.
- Keep a copy of exactly what you sent. Bring it to court.
If they don't answer
Wait until the deadline passes, then file. Bring the letter, the proof that you sent it, and any reply. If they offer part of the money, you can accept it as full payment or as a partial payment; say which in writing.
States that expect a demand before you file
| State | What the rule says |
|---|---|
| California | California requires you to ask the other side to pay before you file, where you reasonably can. |
| Montana | The sworn complaint says you already asked for payment. Courts tell you to send a written demand by certified mail and bring proof of mailing when you file. |
| Nevada | You must ask for the money before you file. Las Vegas accepts any form of demand; North Las Vegas and Henderson want a letter by certified mail and a 15-day wait. |
| Oregon | You must make a good faith effort to collect before you file, and your claim form must say you did. A demand letter is the usual way. |
| Wyoming | Your small claims affidavit must say you asked the defendant to pay and they refused. |
In every other state a letter isn't required, but courts still recommend it. Check your state's limit before you name an amount: if you ask for more than the small claims limit, you'll have to give up the extra or go to a higher court.
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