Georgia Small Claims Demand Letter: What to Write Before Filing

Why Send a Demand Letter

A formal demand letter isn't a general requirement for most Magistrate Court claims in Georgia. You can file a breach-of-contract claim without one. But it's close to essential in practice for two reasons.

First, it often resolves the dispute without court. The other side gets a letter spelling out the amount owed, the basis for the claim, and a deadline. Many people pay at this stage rather than deal with a lawsuit.

Second, it becomes evidence. At the hearing, you can show the judge that you gave the defendant a clear chance to make things right and they refused. That strengthens your position.

There is one situation where a demand letter is legally required: bad check claims under O.C.G.A. § 13-6-15. Without a proper demand, you lose access to certain statutory penalties.

What to Include

Keep it factual and specific:

1. The exact dollar amount you're owed as principal
2. The basis for the claim — the contract, agreement, or transaction that created the obligation
3. An itemized breakdown separating the principal debt from any contractual fees and accrued interest. If you're claiming commercial interest under O.C.G.A. § 7-4-16 (up to 1.5% per month on commercial accounts payable on receipt and at least 30 days past due), spell that out
4. A response deadline — 10 to 14 business days is standard
5. A clear statement of consequences — that you'll file in Magistrate Court if the amount isn't resolved by the deadline

Avoid threats, emotional language, or legal conclusions. The letter should read like a business communication, not an argument.

How to Send It

Certified mail with return receipt requested. This is the gold standard. The green return receipt card proves the letter was delivered, and the date on it becomes part of your evidence file. Keep the card.

You can also use a tracked commercial courier (FedEx, UPS) if you want delivery confirmation with a signature. Either way, the key is having proof of delivery that a judge can look at.

When you need documented delivery, use certified mail with return receipt or a tracked commercial courier. Email, text, or regular mail can supplement that record but may not show delivery as clearly.

What a Demand Letter Does Not Do

Sending a demand letter does not pause, toll, or extend any statute of limitations. If your 6-year window for a written contract claim (O.C.G.A. § 9-3-24) is about to expire, file the Statement of Claim first and send the demand separately. The clock keeps running regardless.

A demand letter also doesn't create legal liability on its own. The defendant can ignore it entirely. What changes is your evidence: you now have documented proof of the debt, the demand, and the refusal.

After You Send It

If the defendant pays within your deadline, the matter is resolved. If they don't respond or refuse to pay, you proceed with filing the Statement of Claim in Magistrate Court.

Attach a copy of the demand letter and the certified mail receipt to your court filing package. At the hearing, include both in your evidence binder.

The Georgia Small Claims Filing Guide includes a demand letter template with the proper structure and a mailing record worksheet for tracking delivery.

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