Are you looking to write a demand letter before suing in California small claims? Before you can file a small claims court lawsuit in California, the court requires that you request your money or property back from the person you intend to sue. You will have to confirm you have done this when you file your lawsuit. One of the best ways to demand payment is to send a demand letter. In this article, we will go over how to write a demand letter, what to include in the demand letter, and answer frequently asked questions about California demand letters.
Did you know we have a free tool powered by AI that helps you create a demand letter? Check out our demand letter tool.
In California, requesting your money can be done orally or in writing, but it is recommended you do so in writing. While in California, there is no restriction against demanding your payment or property back via text message, writing a letter can sometimes be very effective. These letters are known as "intent to sue letters" or "demand letters."
Once you have sent a demand letter, keep it for your records. You can bring it to the California small claims court hearing and show it to the judge (especially if the person you are suing claims they didn't receive the letter).
Most people give the person receiving the demand letter about 7 to 14 days to respond to the letter.
There are no California demand letter requirements for small claims. California small claims courts do not require anything specific to be in the demand for payment letter, just require that you demand payment before filing a small claims lawsuit. A general tip is to avoid any direct or indirect threats, however, you can warn the other party that you will take legal action within a specified time period if they do not respond to your demand letter.
Here are a few suggestions:
Below is a demand letter template to use that can help you construct your own demand letter before you file a California small claims lawsuit. This California demand letter template can be easily modified for your particular situation. For this sample demand letter, the dispute is between a homeowner and a repairman that damaged personal property.
It is recommended you send the letter via email and mail. You can also consider texting a screenshot of the letter. For letters that you mail, consider the following:
Once the post office attempts delivery 2-3 times, the post office returns the letter to the sender as "undeliverable." We don't recommend sending demand letters to individuals at a home address with a signature required. A signature required mailing does work better when you send the letter to a business that is open during regular delivery hours.
You may want to consider giving the other party 14 days to respond to you. Include this in your letter, and state that if they do not respond within that time, you intend to sue them.
So you sent someone a demand letter, and they still don't return your money or property back, now what? It is time to consider filing a lawsuit in California small claims court.
As long as there isn't another court better suited to hear the case, you can file your lawsuit in California small claims court. The most common types of small claims cases in California small claims court are:
Frequently asked questions:
Is a demand letter required in California small claims?
No, a demand letter is not required before suing in California small claims, but you are required to demand payment which you can do via a demand letter.
How do you serve a demand letter in California?
For California small claims, you don’t have to “serve” a demand letter. You just have to send the demand letter. You can send it by mail, email, or hand delivery, or you can text the demand letter.
Legal Educator at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.
Legal Educator at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.
Yes, you can send a demand letter without a lawyer. Learn how to write a demand letter without a lawyer.
Explore our sample demand letters by type of demand letter and recipient (security deposit, unpaid invoices, and more).
Discover the top reasons why someone might ignore your demand letter. Learn how to address common issues and improve your chances of getting a response.
Discover the possible outcomes after your lawyer sends a demand letter. Learn about next steps, including negotiations, mediation, and small claims court.
Learn the proper format for a demand letter. Get tips on structure, key components, and ensure your letter effectively communicates your demands.
