- The SC-100 form wants a yes or no: did you ask the defendant for payment, in person, in writing, or over the phone?
- Washington and Texas court pages set no letter requirement.
- California small claims caps claims at $12,500 for an individual, $6,250 for a business (SC-100).
- Send the letter so it leaves proof of delivery; keep every receipt.
Jordan paid a fencing contractor a $2,400 deposit; no fence ever went up. Before small claims, California wants him to ask for the money back first.
Does Your State Make You Ask First?
| State | What the official pages say |
|---|---|
| California | Required. The SC-100 form asks whether you asked the defendant for payment before suing, in person, in writing, or over the phone; the self-help site calls the written letter the step before filing, and once you have asked, you can file. |
| Washington | No requirement: RCW 12.40 never mentions a demand letter, and the courts’ brochure opens with a Notice of Small Claim. Limits: $10,000 for a natural person, $5,000 in all other cases. |
| Texas | No requirement in the State Law Library’s guide, which recommends settling with the other party on your own first. Limit: $20,000. |
We do not cover New York here.
One exception, about safety: the self-help site drops the ask with a restraining order in place, or when asking feels dangerous.
What a Demand Letter Template Includes
Two sources shape the list: the California courts’ online letter program, and WashingtonLawHelp, a legal aid group; its pages carry a disclaimer, general information rather than legal advice.
- Your information, whether a business is behind the letter, and the recipient’s name (California courts program).
- Who is being sued, the amount you demand, and how you arrived at it (California courts program; WashingtonLawHelp).
- The facts in a numbered list; “Focus only on facts.” (WashingtonLawHelp).
- A polite, formal tone; ask only for what you believe you are owed (WashingtonLawHelp).
- How to respond, your signature, the date, your printed name, the step after a missed deadline (WashingtonLawHelp).
The cease and desist letter is a cousin: it asks someone to stop a behavior instead of paying.
Jordan’s Letter, Drafted by Gabriel
Jordan Ellis and his contractor, Cedar Vale Fencing LLC, are invented for this example; Gabriel, our AI legal assistant, wrote the letter from the facts Jordan gave him.
Sample demand letter
Jordan Ellis
[Your mailing address]
Sacramento, CA [ZIP code]
[Email] · [Phone]
[Date]
Via certified mail and email
Cedar Vale Fencing LLC
[Company mailing address]
Re: Demand for return of $2,400 deposit, fence project
To Cedar Vale Fencing LLC:
On March 12, 2026, I paid Cedar Vale Fencing LLC a $2,400 deposit for construction of a backyard fence at my home in Sacramento, California. Under our signed estimate, the work was to be completed by May 30, 2026.
That deadline has passed. No work was started, the fence was not built, and my deposit has not been returned, despite my attempts to contact you.
I demand that Cedar Vale Fencing LLC return the full $2,400 within 14 calendar days after receiving this letter. Please send payment to [payment method or mailing address]. If you contend that any part of the deposit may lawfully be retained, please provide a written explanation and supporting documentation by the same deadline.
If this matter is not resolved by then, I may pursue available remedies, including filing a claim in California small claims court and submitting a complaint to the Contractors State License Board. This letter is an effort to resolve the matter without court action and does not waive any rights or claims.
I have retained copies of the signed estimate, payment receipt, text messages, and emails. I can provide copies upon request.
Sincerely,
Jordan Ellis
Those 14 days are Gabriel’s choice. WashingtonLawHelp, the legal aid group, calls 7 to 10 days typical.
Sending the Letter and Keeping Proof
WashingtonLawHelp advises certified mail with a return receipt when you can, regular mail with tracking otherwise; keep every receipt and tracking record. In court, that paperwork answers an “I never got it” reply.
If Nobody Pays
A real exchange with Gabriel
What should I do if there’s no answer by the deadline? Answer in three lines.
“Save the demand letter and delivery proof; keep your signed estimate, receipt, and messages as evidence.”
“If Cedar Vale still doesn’t pay, you can file a California small-claims case for the $2,400; the court allows filing after you’ve asked for payment.”
His reply matches the pages above. In California, once the other side has been asked, you can file in small claims court, within the SC-100’s caps: $12,500 for an individual, $6,250 for a business.
Small claims pays money; an order that someone do or stop something belongs in a regular civil case. Attorneys, health care providers, and government defendants bring special rules, and a business answers under its official business name.
California’s deadlines apply regardless: four years from a broken written contract, two from a verbal one, two from a personal injury, three from property damage. File late, and the other side can ask the judge to rule against you.
Gabriel warns you
Gabriel works only from the facts you give him: he does not invent laws, dates, or court cases. When serious money, a formal procedure, or a filing deadline is in play, he says so and points you to a qualified professional; he is not a lawyer and does not replace one.
Gabriel
AI legal assistant
“Give me your side of it: the amount, the dates, what you paid, what the other side says. I draft the letter from your facts, flag the deadlines in your file, and tell you which documents to attach.”
A first draft tonight
Gabriel, our AI legal assistant, drafts a demand letter from your facts; the trial is free, a few messages included, no account needed. Our guide to AI for U.S. legal questions shows where an assistant helps and where a lawyer takes over.
Frequently Asked Questions
Must I ask before filing in small claims?
In California, yes: the SC-100 form asks whether you made the ask before suing. Washington’s statute and brochure set no requirement, nor does the Texas State Law Library’s guide.
How much time do they get to reply?
The official pages stay silent, so it is your call: WashingtonLawHelp suggests 7 to 10 days and advises letting your deadline run before following up. Gabriel gave Jordan 14 days.
Can the letter go by email?
California’s form accepts an ask in writing; WashingtonLawHelp advises certified mail when you can.
Sources
- Demand letter, self-help site of the California courts.
- Check you have a case for small claims, same self-help site.
- Form SC-100, Judicial Council of California, revised January 1, 2026.
- Small claims brochure, Washington State Courts.
- RCW 12.40, Revised Code of Washington.
- Small claims guide, Texas State Law Library, updated October 5, 2026.
Tell the chat what happened
Alex, Nation AI’s general assistant, turns your deposit, invoice, or repair story into a letter you can send.
