You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
However, sending a letter of demand can have its disadvantages. Depending on the situation, the other party may feel threatened and respond negatively, or they may not respond at all. They might engage a lawyer, or they might even start legal action against you.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Good Demand Letter Sent by certified mail so you can prove it was received. The letter is dated plus the story includes all of the important dates to show that the warranty is still in force. Copies (not the originals) of the documents that support your story are enclosed. You are polite.
A lawyer typically takes anywhere from a few days to a few weeks to draft a demand letter. However, this timeline can be influenced by factors pertaining to your case, as well as the workload of your attorney and their firm.
A demand letter is a letter, usually written by an attorney on a client's behalf, outlining the dispute between the two opposing parties and demanding that the recipient of the letter take or cease a certain action.
To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.