California Small Claims Court Demand Letter: What to Write and How to Send It

Before you can file a small claims case in California, the law requires you to demand payment from the person or company you plan to sue. This is not optional — it is a statutory requirement embedded in Form SC-100 itself, and skipping it gives the defendant grounds to challenge your filing.

The good news: a demand letter doesn't require a lawyer, and sending an effective one sometimes resolves the dispute without ever going to court.

Why California Requires a Demand Letter

California Code of Civil Procedure § 116.320(b)(3) requires the plaintiff to have demanded payment from the defendant before filing, "unless it was impossible to do so." When you fill out Form SC-100 (the small claims complaint), item 5 asks you to confirm that you made this demand. If you cannot confirm it and have no valid reason why demand was impossible, your case may be dismissed or delayed.

Beyond the legal requirement, a demand letter serves two practical purposes:

1. It gives the defendant a chance to pay. Some disputes settle at this stage — the defendant who ignored your calls might respond to a formal, written notice that makes the legal consequences explicit.

2. It creates evidence. A certified mail receipt showing the defendant received your letter, with no response, is powerful evidence of bad faith at your hearing. Judges look favorably on plaintiffs who made genuine efforts to resolve the dispute before filing.

What Your Demand Letter Must Include

There is no required form for a California pre-litigation demand letter. It needs to accomplish four things:

1. Identify the parties clearly. Use the defendant's full legal name. If they operate a business, use the registered business name (look it up at bizfileonline.sos.ca.gov to find the exact legal entity). Write your own name as the sender.

2. State what happened and what you're owed. Be factual and specific. "On November 3, 2025, I paid you $3,200 as a deposit for roof repair work. You have not performed any work and have stopped responding to my messages. I am owed $3,200."

Avoid emotional language, threats, or insults — they undermine your credibility as evidence and are counterproductive if the case goes to court.

3. State a specific dollar amount. Name the exact amount you expect to receive. Do not say "I want my money back" — say "I demand payment of $3,200 within 10 days."

4. State a deadline and the consequence of non-payment. A 10-to-14-day deadline is standard and gives enough time for the letter to be received and for the defendant to respond. State clearly that if payment is not received by that date, you will file a claim in California small claims court.

Sample demand letter (adapt for your situation):

[Your Name] [Your Address] [Date]

[Defendant Full Legal Name] [Defendant Address]

RE: Demand for Payment — $3,200

Dear [Defendant Name]:

This letter is a formal demand for payment of $3,200, which you owe me for the following reason: On November 3, 2025, I paid you $3,200 as a deposit for roof repair services to be performed at [property address]. To date, no work has been performed and you have not responded to my calls or messages dated November 20, November 27, and December 4, 2025.

I demand payment of $3,200 within 10 days of the date of this letter.

If I do not receive payment in full by [deadline date], I will file a claim in the California Superior Court, Small Claims Division, without further notice to you.

Sincerely, [Your Signature] [Your Name] [Your Phone Number / Email]

How to Send the Demand Letter

Send by certified mail with return receipt. USPS Certified Mail costs a few dollars and gives you a green card (PS Form 3811) returned to you with the date and signature when the defendant received the letter. If the defendant claims they never received it, you have proof.

Keep a copy. Keep the original letter, the certified mail receipt (tracking number), and the green return card. Bring all three to your hearing.

Send by email too (optional but useful). Sending the same content by email gives you a time-stamped digital record. If the defendant responds (even to dispute your claim), you have documented communication. If they don't respond, you've further documented their non-responsiveness.

Do not send by regular mail only. Regular mail provides no proof of delivery. The defendant can claim they never received it.

What Happens If They Respond

They agree to pay: Get the agreement in writing, including the payment amount and deadline. If they actually pay, the dispute is over. If they miss the agreed deadline, you now have an additional breach you can reference when you file.

They dispute your claim: Take note of their specific objections — this tells you what arguments you'll need to counter at the hearing. It also confirms they received your letter and cannot later claim ignorance.

They don't respond at all: Wait until your deadline passes, then file. The lack of response, combined with your certified mail receipt, demonstrates the defendant was notified and chose not to engage.

The Demand Letter Is Step One, Not the Whole Strategy

A well-written demand letter improves your position in small claims court. But it is one piece of a larger process that includes identifying the defendant correctly, filing in the right court, serving papers properly, organizing your evidence, and knowing what to say at the hearing.

The California Small Claims Court Filing Guide covers all of these steps with checklists, form references, and timeline guidance — so you don't lose a winnable case to a procedural mistake.

Get the California Small Claims Court Filing Guide