1. What Is a Letter Before Claim?
A Letter Before Claim (or Letter of Demand) is a formal document sent by the claimant to the defendant before initiating a case in small claims court. This letter outlines the dispute, the amount being claimed, and a request for resolution within a specified timeframe.
It is often required as part of the pre-action protocol to show that the claimant made a genuine attempt to resolve the matter without court intervention.
2. Why Is a Letter Before Claim Important?
- Encourages Resolution: Provides an opportunity to settle the dispute without going to court.
- Demonstrates Good Faith: Shows the court that you tried to resolve the matter amicably.
- Sets the Basis for Your Claim: Clearly outlines your case, which can be referenced in court if needed.
3. When Should You Send a Letter Before Claim?
A Letter Before Claim should be sent:
- Before filing a claim in small claims court.
- After other informal attempts to resolve the matter have failed.
- In compliance with any pre-action protocols required by your jurisdiction.
4. Key Components of a Letter Before Claim
1. Your Contact Information
- Full name, address, phone number, and email.
2. Defendant’s Contact Information
- Full name or business name and address.
3. Date of the Letter
4. Summary of the Dispute
- A brief description of what happened.
- Key dates, such as when the incident occurred or payments were due.
5. Amount Being Claimed
- The total amount sought, including a breakdown of costs (e.g., damages, fees, or unpaid invoices).
6. Supporting Evidence
- Mention any attached documents, such as invoices, contracts, emails, or photos.
7. Deadline for Response
- Provide a clear deadline (usually 14–30 days) for the defendant to respond or resolve the matter.
8. Warning About Legal Action
- State that you will file a claim in small claims court if the issue is not resolved by the deadline.
9. Signature
- Sign the letter and include your printed name.
5. Sample Letter Before Claim
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Defendant’s Name]
[Defendant’s Address]
[City, State, ZIP Code]
Re: Letter Before Claim – [Brief Description of Dispute]
Dear [Defendant’s Name],
I am writing to formally notify you of my intent to pursue a claim against you in small claims court regarding [briefly describe the issue, e.g., “an unpaid invoice for services rendered on [date]”].
Summary of the Dispute:
On [date], I [describe what happened, e.g., “provided services to you as per our agreement dated [date]. The invoice for $[amount] was due on [date] and remains unpaid despite several reminders.”].
Amount Claimed:
I am seeking payment of $[amount], broken down as follows:
- [List items, e.g., unpaid invoice, late fees, or damages.]
Supporting Documents:
I have attached copies of the following documents to support my claim:
- [List supporting documents, e.g., invoices, contracts, email correspondence.]
Deadline for Response:
Please respond to this letter by [insert date, usually 14–30 days from the date of the letter] to resolve this matter. If I do not receive payment or a satisfactory response by this date, I will file a claim in small claims court without further notice.
I hope we can resolve this matter amicably to avoid additional costs and time.
Yours sincerely,
[Your Signature]
[Your Printed Name]
6. What Happens After Sending the Letter?
1. Defendant’s Response:
- If the defendant agrees to resolve the matter, ensure the settlement is documented in writing.
- If the defendant disputes the claim or doesn’t respond, proceed with filing a case in small claims court.
2. File the Claim:
If no resolution is reached by the deadline, file your claim using the appropriate forms in your jurisdiction.
7. Tips for Writing a Strong Letter Before Claim
- Be Professional: Use clear and polite language. Avoid emotional or accusatory statements.
- Stick to Facts: Focus on the key details of the dispute and avoid irrelevant information.
- Include Evidence: Mention all supporting documents and attach copies.
- Set a Realistic Deadline: Allow the defendant sufficient time to respond or settle the matter.
8. Frequently Asked Questions
Q1: Is a Letter Before Claim mandatory?
In many jurisdictions, yes. It demonstrates that you made an effort to resolve the dispute before seeking court intervention.
Q2: What if the defendant doesn’t respond?
You can proceed to file a claim in small claims court. Keep a copy of the letter as evidence.
Q3: Can I send the letter by email?
It depends on your jurisdiction, but sending a physical letter via certified mail with proof of delivery is often recommended.
Q4: Do I need a lawyer to draft the letter?
No, you can write the letter yourself using clear and professional language.
Q5: What should I do if the defendant agrees to settle?
Document the agreement in writing, including payment terms and deadlines.
9. Conclusion
A Letter Before Claim is a critical step in resolving disputes before going to small claims court. By drafting a clear, factual, and professional letter, you can encourage the defendant to settle the matter amicably, saving time and costs for both parties.