Wyoming Small Claims Demand Letter: When You Need One and How to Write It
Most Wyoming small claims judges expect to see a demand letter in your evidence packet, even when state law doesn't technically require a written letter. W.S. § 1-21-202(a) requires a small-claims affidavit to state that demand was made and payment refused. For dishonored checks, a written demand is required before treble damages can be recovered; security-deposit claims have a separate forwarding-address notice requirement.
When a Demand Letter Is Legally Required
Security deposit claims (W.S. § 1-21-1208). A tenant suing for an unreturned deposit must notify the landlord in writing where payment and notice may be sent within 30 days of lease termination. The landlord then has 30 days after termination or 15 days after receiving the new mailing address, whichever is later, to return the deposit with an itemized statement; if there is damage to the unit, that period is extended by 30 days. Separately, W.S. § 1-21-202(a) requires a small-claims affidavit to state that demand was made and payment refused. W.S. § 1-21-1208 does not specify a separate written demand letter for deposit claims.
Dishonored check claims (W.S. § 1-1-115). To recover treble damages (three times the check amount, minimum $100, plus a $30 collection fee), you must make a written demand stating the check amount and collection fee. Mail it by USPS certificate of mailing to the address on the check or the drawer's last known address, or personally serve it under the Wyoming Rules of Civil Procedure. Give the drawer 30 days to pay the check amount and demanded fee. Without that demand and 30-day period, you can only sue for the original check amount.
For everything else — unpaid invoices, contractor disputes, property damage — a written demand letter is generally not required by Wyoming law, though the small-claims affidavit must still state that demand was made and payment refused. But practically, a letter matters.
Why You Should Send One Anyway
Judges in Wyoming small claims proceedings actively ask questions during the hearing. One question that comes up consistently: "Did you try to resolve this before coming to court?" A demand letter is your documented proof that you did.
The letter also sometimes resolves the dispute without a filing. People who owe money and have been ignoring phone calls react differently to a letter that spells out the amount, a deadline, and the specific court you plan to file in. Many disputes settle at this stage.
What the Letter Should Include
Keep it factual and specific:
- Your name and contact information
- The defendant's name and address
- The exact amount owed and what it's for
- A reference to any contract, invoice, or agreement
- A specific deadline for payment (15–30 days is standard)
- A statement that you will file a small claims case in the appropriate Wyoming Circuit Court if the amount is not paid by the deadline
Don't threaten, don't use legal jargon you don't understand, and don't exaggerate the amount owed. The judge reads this letter. A measured, specific demand strengthens your credibility; an angry rant weakens it.
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How to Send It
Send the demand letter by certified mail with return receipt requested. The green card that comes back with the recipient's signature (or a note from the postal service confirming delivery attempt) becomes part of your evidence packet. Regular mail works too, but certified mail creates a paper trail you can hand to the judge.
For a statutory bad-check demand, use USPS certificate of mailing to the address shown on the check or the drawer's last known address, or personally serve the letter under the Wyoming Rules of Civil Procedure.
Keep a copy of the letter, the certified mail receipt, and the return card. These go into your evidence set — you'll need three copies of everything for the hearing (one for the judge, one for the defendant, one for yourself).
If you're sending the demand before a security deposit claim, make sure your forwarding address was already provided in writing within the statutory window. Keep the demand letter as a separate record of your request for payment.
What Happens After You Send It
If the other side pays within the deadline, the dispute is resolved and you don't file. If they don't respond or refuse, you file Form SC 01 (Small Claims Affidavit) at the Circuit Court and attach a copy of the demand letter and delivery proof to your evidence packet.
The clock between demand and filing matters for bad check claims: allow 30 days after the written demand before seeking treble damages. For security deposits, wait until the applicable return deadline has passed before demanding the deposit. For general claims, there's no specified statutory waiting period after demand, but give the other side a reasonable window (15–30 days) or the judge may question your good faith.
For a demand letter tracking sheet with delivery confirmation logs and a pre-filing readiness checklist for Wyoming courts, get the complete filing toolkit.
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