Demand Letter Completion Instructions

Date:

To:
_____(Name of person who wrote bad check)_____

_____(Address of person who wrote bad check)___

________________________________________________

The check you wrote for $_______, dated ______________, that was made payable to (write your name/payee’s name here), was returned by (write name of bank that check is from) because (check the correct box):

 Account was closed.

 Account does not have enough money to cover the amount of the check.

 You placed a stop payment on the check.  (If you stopped payment because of good faith dispute, you should contact me and try to resolve the dispute.)

I need to receive $__________ in cash within 30 days of the date this demand letter was mailed.  This amount includes $(write the amount your bank charged you for returning the check, but not more than $25 for the first bad check OR $35 per check if more than one)_ in bank fees, and $_write the cost for mailing this certified letter, the cost for mailing this demand letter by certified mail.  If I do not receive the full payment as indicated above, I will file a claim against you in court.  

If I take you to court, I can ask for additional damages.  You may then owe the amount of the check less any part payment or payment toward the service charge.  The Court can award me $_______ in damages, which is three times the amount of the check.  The amount of damages is based on a minimum penalty of $100 up to a maximum penalty of $1,500. This information can be found in California Civil Code Section 1719.  Should we go to court, my total claim against you will be $(write the TOTAL amount. This includes the amount of the check plus damages).

You may wish to contact a lawyer to discuss your legal rights and responsibilities.

To resolve this dispute, make payment to:

_(write and sign your name here)__________________

_(write your address here)________________________

_(write your phone number here)__________________

Demand Letter Form (requires free Adobe Acrobat reader)

For more information, contact our Small Claims Advisor Program at (213) 974-9759, or contact us through our website.

Updated March 1, 2008