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How to write a demand letter in New York: what to include, tone, deadline and delivery

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

A demand letter is a short, polite, firm letter that says what happened, how much you are owed and why, and the date by which you expect payment before you go to court. No law requires one for most disputes, but it often settles the matter and becomes evidence if you sue. One case where the law does require it: a business suing a consumer in a commercial claims court must first mail a demand letter 10 to 180 days before filing. Send your letter by a method you can prove — certified mail plus e-mail is common — and remember that the letter does not stop the deadline to sue.

Read on for the details, the exceptions and the sources.

In plain words

Demand letter
A letter asking someone to pay what they owe, or to do what they promised, by a set date — before you take them to court.
Certified mail, return receipt
A Postal Service option that gives you proof you mailed the letter and, with a return receipt, proof it was delivered.
Statute of limitations
The deadline to start a lawsuit. A demand letter does not pause it.
Commercial claims
The small-claims-style court part that corporations, partnerships and associations use, with a limit equal to the small claims limit.

Where to go

You write the letter yourself and send it to the person or business that owes you, at the address in your contract, invoice or receipts. For a company, use the address it does business from and, if you know it, the owner's or manager's name. Keep a copy of everything.

If the letter doesn't work, the next stop is usually small claims court (for individuals) or the commercial claims part (for corporations, partnerships and associations) in the court where the other side lives, works or has an office. In New York City that is the Civil Court; elsewhere it is the city, district, town or village court (New York City Civil Court Act §§ 1801, 1801-A, 1809).

What documents you need

  • The contract, invoice, receipt or messages that show what was agreed.
  • Proof of what you paid or what work you did.
  • Photos, estimates or invoices that show the amount of your loss.
  • The other side's correct name and address.
  • A short timeline with dates — it makes the letter easy to write.

Fees and costs

Writing your own letter costs nothing. Mailing by certified mail with a return receipt costs a few dollars at the Post Office (check current USPS prices). A lawyer will also write demand letters, for a fee you agree on. If you later sue, small claims in New York City costs $15 to file for claims of $1,000 or less and $20 for larger claims (New York City Civil Court Act § 1803); a commercial claim costs $25 plus mailing costs (§ 1803-A).

Deadlines

For most disputes, no law says when you must send a demand letter. But the deadline to sue keeps running while you write and wait: generally six years for a contract (CPLR § 213(2)) and four years for a sale of goods (UCC § 2-725). Sending a letter does not stop that clock.

Some situations have their own timing rules. If you bought goods and kept them, you must notify the seller of the problem within a reasonable time after you discover it (UCC § 2-607(3)(a)). And a business filing a commercial claim against a consumer must certify that it mailed a demand letter by first-class mail no less than 10 and no more than 180 days before filing, on the form the courts prescribe (New York City Civil Court Act § 1803-A(b); the city and district court acts have the same rule).

Step by step

  1. 1. Header

    Your name, address, phone and e-mail; the date; the other side's name and address. Add a subject line such as: 'Demand for payment of $1,850 — kitchen repair contract dated March 3'.

  2. 2. The facts, briefly

    In two or three short paragraphs: what you agreed, what you did, and what the other side failed to do — with dates. Stick to facts you can prove.

  3. 3. The amount and how you got it

    State one exact figure and show the math: the unpaid invoice, the deposit, the cost to repair. If a law gives you a right — for example a statute on deposits, wages or freelance pay — name the section in one sentence.

  4. 4. A clear deadline and how to pay

    Give a specific date, usually 10 to 14 days away, and say how you want to be paid (check, bank transfer, payment app).

  5. 5. What you'll do next

    Say calmly that if you are not paid by that date you intend to file in small claims court (or the right court) without further notice. Only say what you really plan to do.

  6. 6. Tone

    Polite, firm and short — one page if you can. Imagine a judge reading it: no insults, no threats of criminal charges or public shaming, no exaggeration.

  7. 7. Send it so you can prove it

    Send it by certified mail with a return receipt, and also by e-mail or text if you usually talk that way. Keep a copy, the mailing receipt and the delivery confirmation.

What happens next

Often the other side pays, offers part of the amount, or proposes a plan. If you agree to a compromise, put it in writing and signed, including what happens if a payment is missed. If you hear nothing by your deadline, you can file your claim; bring the letter and proof of delivery to court, because it shows you gave the other side a fair chance. If the other side writes back disputing the facts, keep that reply — it is evidence too.

Figures that change

  • Demand-letter window before a commercial claim against a consumer: 10 to 180 days before filing (as of 2026-10-30; New York City Civil Court Act)
  • NYC small claims filing fee: $15 (claims up to $1,000); $20 (over $1,000) (as of 2026-10-30; New York City Civil Court Act)
  • Commercial claims filing fee: $25 plus mailing costs (as of 2026-10-30; New York City Civil Court Act)

Frequently asked questions

Do I have to send a demand letter before going to small claims court?

For an individual suing in small claims, New York law generally doesn't require one, but it's a good idea: it often settles the dispute and shows the judge you were reasonable. A business suing a consumer in a commercial claims part must first mail one 10 to 180 days before filing (New York City Civil Court Act § 1803-A(b)).

How long should I give them to pay?

No law sets this for most disputes. Ten to fourteen days is common and usually seen as reasonable. Make sure your deadline still leaves you plenty of time before the statute of limitations runs out.

Does a demand letter extend my time to sue?

No. The deadline (for example, six years for most contracts under CPLR § 213(2)) keeps running. Only things the law recognizes — such as a written promise by the other side to pay (General Obligations Law § 17-101) — can affect it.

Can I ask for interest?

You can mention it. If a court awards you money because of a broken contract, it adds interest under CPLR § 5001 — usually 9% a year, or 2% on a consumer debt owed by an individual (CPLR § 5004).

Want your own situation checked?

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.