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Home Personal & Family Documents Demand Letter for Payment Small Claims Demand Letter

Free Small Claims Demand Letter Template

Use our free Small Claims Demand Letter template to file a complaint with the Small Claims court.

Updated February 21, 2023 | Legally reviewed by Brooke Davis

Not every small claims dispute has to be handled in court or through mediation. By sending a small claims demand letter, you may be able to resolve the issue peaceably without taking any further action.

Table of Contents
  • What Is a Small Claims Court?
    • Why File a Small Claims Case?
    • Small Claims Court Limits for Each State
  • Small Claims Demand Letter Example
  • Filing a Small Claims Case in 5 Steps
    • Write a Small Claims Demand Letter
    • File Your Case
    • Serve Your Small Claims Complaint
    • Attend the Hearing
    • Wait for the Judge to Issue the Final Judgment
  • How to Write a Small Claims Demand Letter
  • Small Claims Demand Letter Sample
  • FAQs

What Is a Small Claims Court?

Small claims court, sometimes called “people’s court” or “conciliation court,” is a type of civil court proceeding which handles disputes involving small amounts of money. The maximum amount to be handled in small claims court varies by state.

A small claims demand letter should be sent before you file your lawsuit and can serve as substantial evidence if you need to litigate the issue. Oftentimes, a demand letter is enough to settle the dispute, but you should be prepared to go to court if that is not the case.

Generally, small claims cases can be handled quickly. After seeing the evidence and hearing the case, a judge will order the defendant to pay the money owed to the plaintiff or will dismiss the case. They may also grant a countersuit from the defendant, requiring the plaintiff to pay.

Why File a Small Claims Case?

Even if someone only owes you hundreds or a few thousand dollars, that money can make a big difference for average people. If you had an agreement that they would pay you a certain amount, you are still entitled to that money. Small claims court allows you to be heard and to receive the money you’re owed.

Small Claims Court Limits for Each State

Each state will have different limits regarding the amount of money that can be sued for in small claims court. This limit is often in the thousands, so small claims are often for hundreds or thousands of dollars. The state limits for small claims court are as follows:

State Dollar Amount
Alabama 6000
Alaska 10000
Arizona 3500
Arkansas 5000
California $10,000 for individuals; a plaintiff may not claim over $2,500 twice in the same year. $5,000 for a business or public entity. $6,500 for a guarantor that charges for guarantor services. COVID-related rental debt claims of any amount until February 1, 2025.
Colorado 7500
Connecticut $5,000 except in cases of landlord-tenant security deposits
Delaware 25000
District of Columbia 10000
Florida 8000
Georgia $15,000 but with no limit in cases of eviction
Hawaii $5,000 or a value of $5,000; but with no limit in cases of landlord-tenant security deposits
Idaho 5000
Illinois 10000
Indiana $10,000 with a possible different limit for Marion County
Iowa 6500
Kansas 4000
Kentucky 2500
Louisiana 5000
Maine 6000
Maryland 5000
Massachusetts $7,000 but with no limit on property damage caused by a motor vehicle accident
Michigan 6500
Minnesota $15,000 and $4,500 in cases of consumer credit transactions
Mississippi 3500
Missouri 5000
Montana 7000
Nebraska Adjusted every five years to reflect the Consumer Price Index; currently $3,900
Nevada 10000
New Hampshire 10000
New Jersey $3,000, and $5,000 in cases of security deposits; certain landlord-tenant disputes cannot be brought to small claims court
New Mexico 10000
New York $10,000 in New York City; $5,000 in Nassau and Western Suffolk Counties, and City Courts (not NYC); $3,000 in Eastern Suffolk County, Town Courts, and Village Courts
North Carolina Between $5,000 and $10,000
North Dakota 15000
Ohio 6000
Oklahoma 10000
Oregon 10000
Pennsylvania 12000
Rhode Island 2500
South Carolina 7500
South Dakota 12000
Tennessee $25,000 with no limits in eviction or to recover personal property
Texas 20000
Utah 11000
Vermont 5000
Virginia 5000
Washington $10,000 in cases brought by a natural person; $5,000 otherwise
West Virginia 10000
Wisconsin $10,000 with no limit in cases of eviction
Wyoming 6000

Small Claims Demand Letter Example

Need to send a small claims demand letter? This example will give you the information you need to include.

Nicolo Byrnes
9221 North Sycamore Court
Grand Haven, MI 49417

January 25, 2023

Jean Weston
8884 King Street
Grand Haven, MI 49417

Dear Jean Weston,

This letter serves as a first formal demand for a payment of $600, the amount loaned to you on July 17, 2022, for your round-trip plane tickets for a trip to Destin, Florida.

On that date, I agreed to lend you the amount of $600 so that you could join the rest of a mutual friend’s bridal party in Destin on the condition that you pay me back by the end of the year. To this current date, January 25, 2023, you have still not paid me back any of that amount. 

I have attached a copy of our text exchange in which you promised to pay me back in full by the end of the year, as well as the receipt of the Zelle transaction.

I have made previous attempts to contact you about this matter, by text on January 7, 2023, and in a voicemail left on January 20, 2023. As of this date, I have received no response.

If I do not receive a full payment of $600 by February 25, 2023, I will take further action by filing a claim in Michigan small claims court. 

Sincerely,

Nicolo Byrnes

Filing a Small Claims Case in 5 Steps

A small claims case is fairly easy to prepare compared to cases worth more money. You will need to bring evidence of the original agreement, as well as evidence of the amount that you are owed. Here are five steps to filing a small claims case:

1. Write a Small Claims Demand Letter

The first step is to write a small claims demand letter. Often, this is the only step that you will have to take. The threat of court can be enough to convince some people to pay even if they were dragging their feet before. Make sure you include evidence of your claim in the letter so that the other person cannot easily dispute it. 

If they pay within the time in your small claims demand letter, there’s no need to take further action. The dispute between you has been settled, and you can confidently move on. If, however, they refuse to respond to the small claims demand letter or refuse to pay, then you need to move forward with the case. 

2. File Your Case

The next step is to file a complaint and a small claims summons. You can find forms for complaints and summons at your local small claims court. 

Your complaint should include exhibits that show evidence of the agreement and the money owed. For instance, screenshots of a text conversation or email, or even a slip of paper laying out the terms of the agreement, can go a long way for your case.

3. Serve Your Small Claims Complaint

Send out a summons by certified, registered mail. This will need to be signed in person by the defendant. It will lay out when they will appear in court for the case and why. If they fail to appear in court, the court will most likely side with you and require them to pay you the amount in question. 

4. Attend the Hearing

The court will set a date for your hearing. At that time, you must appear in court to present your case. In most situations, small claims court is just the plaintiff and defendant. Many states will not allow you to have an attorney represent you in small claims court, though an attorney may advise you before the case. 

If you do not attend the hearing, the court is much more likely to dismiss your case or side with the defendant. The burden is on you to prove your case, and you cannot do that if you aren’t present.

5. Wait for the Judge to Issue the Final Judgment

Small claims cases take less time on the whole than other civil cases. Most small claims cases are resolved within under a half hour. After this time, the judge will give their final judgment.

They may side with the plaintiff and demand that the defendant pay all or some of the amount in the suit. They may dismiss the claim outright. On the other hand, they may grant part of the plaintiff’s claim and part of the defendant’s countersuit, ruling that each party has an amount to pay. 

If you are unsatisfied with the case’s outcome, you may file an appeal with the court of appeals. Otherwise, the judgment is final.

How to Write a Small Claims Demand Letter

Every small claims demand letter will differ, but certain elements will always be necessary.

Your small claims demand letter must include:

  • The amount you claim to be owed
  • A description of the events that led to that amount being owed
  • When the amount was originally owed to you
  • How much time has passed
  • How much time the recipient has to pay you
  • The next steps you will take if they do not pay you

In addition, it can help to lay out how you have attempted to reach them about the issue in the past. If all goes well, the other party will pay after receiving the small claims demand letter. 

If they do not, however, that letter becomes evidence for your case. It will strengthen your case to show that you made multiple attempts to resolve the issue before going to court, especially if those attempts were ignored by the defendant.

The more written communication, the better for your case. That’s why, even though you and the other party know why they owe you the money, it is important to ensure that the case details are described in the small claims demand letter. You must also be certain that the other party receives the small claims demand letter. It’s best practice to send it by certified mail so that you will receive a receipt with their signature confirming that they received the letter. 

Need help drafting a small claims demand letter? Consider using Legal Templates to create one and make the task go smoothly.

Small Claims Demand Letter Sample

small claims demand letter

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FAQs

How much does it cost to sue someone in small claims?

Before filing your case in small claims, be advised that there are filing fees for these cases. The filing fee will vary by state. In some states, the filing fee may vary based on the amount of your claim. This fee will typically be under $100, but it’s best to check with your state government’s small claims proceedings before you move forward.

What is a small claims court hearing like?

In a small claims hearing, you and the defendant will appear before a judge. You may bring a witness with you if they can attest to some of the information in your claim, beyond a “he said, she said” statement. The defendant may also bring a witness. 

The case generally lasts between 10 and 25 minutes. The judge may make a final ruling as soon as both cases have been presented, or they may call a recess to go over the facts before making a ruling. Once the judge has ruled, the plaintiff and defendant must abide by the ruling or file an appeal with the Court of Appeals.

How do I prepare for the small claims hearing?

The most important thing to do is to gather all important documentation. Although verbal contracts are legal, they can be difficult to prove. A written contract is best, even if that “contract” is simply a text or email in which someone agreed to pay you a certain amount. This should be brought to your case.

If your case involves any damaged property, take pictures of the property damage. Images of what the property looked like before will strengthen the case, as well. You should also bring a copy of your small claims demand letter and other records documenting your attempts to reach the defendant for payment. You may also choose to bring a witness.

In most states, you will not be allowed to bring an attorney to represent you. Even in states where you can legally be represented by an attorney in small claims court, it’s typically not advised. This is a small, simple matter that can usually be resolved between the plaintiff, the defendant, and the judge. Hiring an attorney just brings about extra, unnecessary fees. However, you may hire an attorney to advise you and help you build the case before going to court.

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Free Small Claims Demand Letter Template

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