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Do You Need to Send a Demand Letter Before Filing a Small Claims Case

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  • 02-27-2015, 12:49 PM
    newto17
    Do You Need to Send a Demand Letter Before Filing a Small Claims Case
    My question involves court procedures for the state of: Oregon

    Hi,

    I am curious if a demand letter is really necessary to initiate small claims proceedings? Does the judge like to see one? Is it actually effective? Not sure how well I could write one or if my opponent would take it seriously. What do you guys think?
  • 02-27-2015, 12:52 PM
    PADriver13
    Re: Demand Letter, Do I Need One
    My opinion only - if you are ready to take him to Court, the time for a demand letter has passed.
  • 02-27-2015, 01:14 PM
    adjusterjack
    Re: Do You Need to Send a Demand Letter Before Filing a Small Claims Case
    Quote:

    Quoting newto17
    View Post
    My question involves court procedures for the state of: Oregon

    Hi,

    I am curious if a demand letter is really necessary to initiate small claims proceedings? Does the judge like to see one? Is it actually effective? Not sure how well I could write one or if my opponent would take it seriously. What do you guys think?

    You don't necessarily need a demand letter. The Oregon small claims court instructions say the following:

    "You must make a “bona fide” (good faith) effort to collect your claim from the defendant
    before you file. Your claim form must include a statement under oath that you tried to
    resolve the issue before you filed a claim."

    http://courts.oregon.gov/Marion/docs...oplaintiff.pdf

    The small claims complaint form includes the statement on the second page:

    http://courts.oregon.gov/OJD/docs/pr..._15.010.1a.pdf

    It doesn't ask what steps you took but I'm guessing that you might be asked to explain that in court so be prepared to give chapter and verse of your attempts. Specific dates and nature of discussions you had with the other party would help. Emails or text messages printed out for court would also help.

    However, if all you have is your word without any documentation then a demand letter would be a good idea. Another good idea would be to attach a completed (but not filed) copy of the complaint form and give the other party a deadline date to pay, after which you will file the complaint. Might get a positive result, might not. No guarantees.
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