Maine Small Claims Demand Letter — When You Need One and How to Write It

When a Demand Letter Is Required

For most Maine small claims cases — a general breach of contract, unpaid invoice or property damage claim — a demand letter is not legally required before filing. You can go straight to court.

But for three specific types of claims, Maine law mandates a written demand before you can file suit or access certain remedies:

Security deposits (14 M.R.S. § 6034): A tenant must serve the landlord with a written demand at least 7 days before filing. Skipping this forfeits the right to double damages, even if the landlord clearly owes the money.

Unfair Trade Practices Act claims (5 M.R.S. § 213(1-A)): A consumer must mail or deliver a written demand at least 30 days before filing suit. The demand must identify the claimant, describe the unfair or deceptive act, and detail the injuries. Missing this step forfeits post-demand attorney fees and costs if the defendant later tenders a reasonable settlement offer.

Dishonored checks (14 M.R.S. § 6073): To recover a statutory penalty of up to $150, court costs, and interest, the holder must send a 10-day bad-check notice giving the drawer time to pay. If the drawer intentionally issues a second dishonored check to the same payee within one year, a separate 30-day written demand is required under 14 M.R.S. § 6071(5) to seek liquidated damages equal to twice the check's face value.

Why Send One Even When It Is Not Required

A demand letter does three things that matter at the hearing:

1. Creates a paper trail. The judge wants to see that you tried to resolve the dispute before filing. Certified mail tracking and the signed green card prove the defendant received your demand.

2. Forces you to organize the facts. Writing the demand makes you state the dates, amounts, and evidence clearly — the same information you need for Form SC-001. A strong demand letter becomes the outline for your Statement of Claim.

3. Often resolves the dispute. Many defendants pay or negotiate once they receive a formal, documented demand. Settling before filing saves the $70 fee and weeks of court process.

What to Include

A demand letter for a Maine small claims case should contain:

• Your name and contact information
• The defendant's name (use the legal entity name, not a trade name)
• A clear statement of the facts — dates, what happened, what was agreed, and how the agreement was broken
• The specific dollar amount you are demanding
• A payment deadline — set a clear date for general claims; statutory demands have their own timelines (7, 10, or 30 days as described above)
• A statement that you will file in District Court if the demand is not satisfied by the deadline

Keep the tone factual and direct. The purpose is to document a clear demand, not to express anger or threaten retaliation. Everything you write may be read by the judge.

How to Send It

Certified mail, return receipt requested gives you a mailing and delivery record. The green card (USPS Form 3811) comes back to you signed by the recipient, showing delivery on a specific date. Keep the green card — it is evidence at the hearing.

For statutory demands (security deposits, UTPA, bad checks), certified mail creates a record of the mailing date and delivery attempt. If the letter comes back unclaimed, check the governing notice rule before treating the demand requirement as satisfied.

Record the mailing date, USPS tracking number, delivery date, and who signed. This information goes into your evidence binder and onto the deadline tracker.

What to Do When the Demand Is Ignored

If the deadline passes without payment or a reasonable counteroffer, prepare Form SC-001 and follow the filing and service sequence for your chosen route. Attach a copy of the demand letter and its mailing record to the claim. The demand becomes the first exhibit in your evidence binder.

The Maine Small Claims Filing Guide includes fill-in demand letter frameworks for general claims, security deposits, UTPA disputes, and dishonored checks, along with a mailing checklist and deadline tracker.

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