Demand letters
Which laws require a written demand letter before you sue?
Updated · By the Certified Letter Online team
Most disputes have no legal requirement to send a demand letter first, but some state consumer laws do. California's Consumers Legal Remedies Act requires a 30-day notice sent by certified or registered mail with return receipt before suing for damages; Massachusetts Chapter 93A requires a written demand at least 30 days before suit; Texas's DTPA requires written notice at least 60 days before suit; and bad-check laws such as California Civil Code 1719 require a demand by certified mail before extra damages are available.
Courts also expect it: California small claims, for example, asks whether you asked the defendant to pay before you filed. Sending the demand by Certified Mail with return receipt proves you did, and when.
| Law | Notice period | How it must be sent | Applies to |
|---|---|---|---|
| California CLRA (Civil Code 1782) | 30 days before suing for damages | Certified or registered mail, return receipt requested | Consumer goods and services claims |
| Massachusetts Ch. 93A, s.9 | At least 30 days before filing | Written demand, mailed or delivered | Unfair or deceptive business practices |
| Texas DTPA (Bus. & Com. Code 17.505) | At least 60 days before filing | Written notice (certified mail recommended for proof) | Deceptive trade practices claims |
| California bad checks (Civil Code 1719) | 30 days to pay after demand | Written demand by certified mail | Bounced checks, for treble damages |
| Contract notice-and-cure clauses | As the contract says | As the contract says | Your agreement |
Why certified mail matters for these notices
When a law makes notice a condition of suing, the defendant's first move is often to say notice was never given or came too late. A postmarked certified receipt and a return receipt answer both points. For CLRA, certified or registered mail with return receipt is written into the statute.
This guide is general information, not legal advice. For your specific situation, a legal aid office or a licensed attorney in your state can tell you what applies.
Pick the right template
Quick answers
Does a demand letter need to be sent certified mail?
Only when a law or contract says so, as with California's CLRA and bad-check demands. Otherwise it's optional but the best proof that you sent it and when it arrived.
How do I send a demand letter before small claims court?
Write what happened, the amount you want and a deadline, then mail it Certified with return receipt and bring the receipts to court. See demand letter for money owed.
What if I'm running out of time to sue?
Statutes of limitation keep running while you wait for a reply. Some pre-suit rules have exceptions for that; talk to a lawyer if your deadline is near.
What to do next
Pick the right notice, fill it in, and we'll mail it Certified with return receipt for $17.99, exactly as these laws expect.
Send a demand letterSources
- California Civil Code 1782 (CLRA notice)
- Massachusetts General Laws ch. 93A, section 9
- Texas Business & Commerce Code ch. 17 (DTPA), section 17.505
- California Civil Code 1719 (dishonored checks)
- California Courts Self-Help: Small claims
Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.