Kansas Small Claims Demand Letter: How to Write One Before Filing

When a Demand Letter Is Required

For most Kansas small claims cases, a pre-suit demand letter is strongly recommended but not strictly required. Two situations make it mandatory:

Worthless check claims (K.S.A. 60-2610): To recover statutory civil damages — up to double the check amount, capped at $500 — you must send a written demand by certified or first-class mail giving the check writer 14 days to pay. Without this demand, you can only recover the face value of the check and your filing costs.

Security deposit disputes (K.S.A. 58-2550): Tenants seeking a returned deposit must deliver a written demand that includes their forwarding address. This starts the landlord's 14-day (itemized statement) or 30-day (full return) clock. If the landlord fails to comply, the tenant can claim 1.5 times the wrongfully withheld amount as additional damages.

Even when not required by statute, a demand letter helps your case. It shows the judge you tried to resolve the dispute before involving the court. It also establishes the date from which pre-judgment interest may accrue.

What to Include in Your Demand Letter

Keep it clear, factual, and short. The letter needs:

Your identity and contact information — full legal name and mailing address.

The defendant's correct name — verify it through the Kansas Secretary of State Business Entity Search if you're dealing with a business. Address the letter to the registered entity, not a trade name.

A clear statement of the debt — what happened, when, and exactly how much is owed. Reference any contracts, invoices, or agreements by date.

The specific amount demanded — break it down if you're claiming multiple components (deposit, damages, statutory penalties).

A deadline to pay — 10 to 14 days is standard. For worthless check claims, the statute requires exactly 14 days.

A statement of intent to file — let them know you'll file a small claims petition if they don't pay by the deadline. Keep the tone businesslike. Threats, insults, or language about "taking them to court" undermines your credibility with the judge.

How to Send It

Send the demand letter by certified mail with return receipt requested (USPS PS Form 3811). This creates a paper trail showing:

• The date you mailed the letter
• Whether the defendant signed for it
• The delivery address

Keep your copy of the letter, the certified mail receipt, and the green card (return receipt) when it comes back. These go into your evidence folder for trial.

Regular first-class mail works as a backup delivery method, but certified mail gives you proof of delivery that first-class doesn't. For worthless check claims, the statute specifically allows either certified or first-class mail.

What Happens After You Send It

If the defendant pays within your deadline, you're done — no need to file.

If they ignore the letter or refuse to pay, you file your small claims petition. Attach a copy of the demand letter to the petition as supporting documentation. At the hearing, the judge sees that you made a good-faith attempt to resolve the dispute before involving the court.

If certified mail comes back "Refused" or "Unclaimed," document that too. It shows you attempted notice. For the actual court summons, there's a separate protocol under K.S.A. 61-3003 for handling refused or unclaimed service — but the demand letter itself doesn't have the same legal service requirements.

The Kansas Small Claims Filing Guide includes a demand letter template and walks you through the entire filing sequence — from calculating your claim amount to preparing evidence for the hearing.

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