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Small Claims
For most people, using the court to settle a dispute is a last resort. For that reason, many courts require you to first request payment from the other party before you can sue. You can make your request personally, by phone or in writing.
One of the best ways to meet this requirement is to send a demand letter via certified mail. The letter should be written in a very clear but non-abusive tone. It should start with the facts of the case and why you feel payment is justified. The letter should also outline exactly what you are seeking and a deadline for payment.
Keep a copy of the letter and the confirmation receipt of delivery, to show the judge you have made your best effort to collect the money without going to court.
Often, a well-drafted demand letter encourages the other party to settle. A demand letter and the filing of the suit often brings the other party to the negotiating table. With LegalZoom’s small claims service, we will prepare and deliver a professional demand letter for you if you have not already demanded payment.
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