Many of you ask for my tips on how to write a demand letter , so here they are by request.
How Do You Ask For Payment Before Taking Someone To Small Claims Court !
Small claims cases require that you ask the other side for payment before you go to court (unless there is a good reason why you cannot). You can ask in person, by phone, or in writing. You will have to tell the court you did this and how on your court forms.
If you decide to ask for payment in writing, you can write a demand letter. A demand letter is a short, clear letter demanding payment. Bring a copy of it to your court hearing to show the judge. You can also attach it to your court papers.
Often, a demand letter will be all you need to resolve your dispute. Even if the person or business that owes you money knows about the problem, a firm and strong request in a letter that lays out the reasons why they owe you money and says that if your issue is not satisfied you plan to go to small claims court can have a big effect. They realize you are serious about the case and intend to spend time and energy pursuing it. Sometimes when you have a problem with a business, a demand letter can bring the problem to the attention of the owner who may not have known about your dispute because the manager never told him or her. This happen more often then you would think !
HELP WRITING A DEMAND LETTER
There are different types of demand letters and at EZ Small Claims we can assist with a demand letter but I will share some important facts about writing one yourself ! You can send a demand letter to a person or business to ask for your money ! Make your demand clear and state why they owe you the money and if they don’t resolve this you will file a small claims lawsuit against them !
Demand letter to Your Landlord Asking for the Return of Your Security Deposit
A landlord has 3 weeks after you move out to return your security deposit or send you a itemized invoice for any amount held for damages ! If you landlord fails to give you back your deposit within the time frame I suggest you write a demand letter. After you have ask for the money and if they still refuse your only choice is small claims court .
Type your letter. If you don’t have a computer or typewriter, try to get access to one a family or friend. Do not hand write your demand letter ! Their are public libraries have computers that you can use for free or low cost ! If you don’t have access we can assist you with this .
Review the main facts of the dispute. At first it may seem a bit odd to outline these details; after all, your opponent knows the story. But remember–if you end up in court, the letter will be read by a judge, and you want the judge to understand what happened. Now is a good chance to make a record not only of the initial dispute, but of any subsequent phone conversations, unanswered calls, or inappropriate conduct by the defendant in this letter .
Be polite. Avoid personally attacking your adversary (even one who deserves it). The more you attack, the more you invite the other side to respond in a similarly angry vein. Get your point across without attacking them .
Write the letter with the direct goal in mind. The letter should encourage your opponent to make a business like decision of the dispute and raise such questions as:
-What are my risks of losing?
-How much time will a defense take?
-Do I want the dispute to be decided in public?
-Ask for exactly what you want. For example, if you want $500.00 ask for it (or possibly a little more to allow some negotiating room). Explain how you arrived at this figure. And be sure to set a deadline. One week is usually best; anything longer and your opponent has less motivation to deal with you right away. Supply the actual date, to remove any doubt.
End your letter by stating you will promptly pursue your legal remedies if your demand is not met. Remind the defendant that a court judgment could adversely affect his or her credit rating.
Make sure you make and keep copies of everything you send . Make a copy of each letter before you send it, and keep a copy of the post office receipts (use certified mail, return receipt requested). Keep all correspondence from your adversary, also.
Please use certified mailing. Send the demand letter via certified mail with a return receipt requested back to you. If you do end up in small claims court, you can use the return receipt to counter any claim that your opponent didn’t receive the demand letter.
I hope this help you and don’t end up in small claims court but if you do my office is here to help !
We can assist you with a letter of demand at affordable rate, more so than an attorney.
I hope these tips are helpful with writing your letter of demand, when it comes time to sue. Call my office we will type your small claims, file your small claims at the court, serve your small claims, and type and file the proof of service all for you. We are also here for you during your entire claims process, you will not get this anywhere else in California. Our customer service is rating #1 in California and A+ with the BBB.
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