Demand Letter (Illinois)
[Your Full Name or Business Name]
[Street Address]
[City], Illinois [ZIP]
[Phone] · [Email]
[Date]
Sent by certified mail, return receipt requested, No. [Tracking Number], and by email to [Email Address]
[Recipient’s Full Legal Name or Business Name]
[Registered Agent or Officer, if a business]
[Street Address]
[City], [State] [ZIP]
Re: Demand for payment of $[Amount] for [unpaid invoice / breach of contract / defective work / damaged property] — [Account, Invoice or Contract No.]
Dear [Recipient Name]:
1. Purpose of This Letter
This letter is a formal written demand for payment. I am giving you a final opportunity to resolve this matter before I file suit.
2. What Happened
On [Date], you and I [entered into a written/oral agreement / you purchased / I performed services] under which [describe the obligation: what was promised, the price, and the due date].
[Describe the breach or loss with dates: the payment that was not made, the work that was not done, or the damage that occurred.]
I asked you to resolve this on [Date(s)] by [phone / email / letter]. As of the date of this letter, the matter remains unresolved.
3. Amount Owed
| Item | Due date | Amount |
|---|
| Principal (invoice, note, contract price, or cost of repair) | [Date] | $[Amount] |
| Interest at [the contract rate of [Rate]% / 5% a year under 815 ILCS 205/2] from [Date] | — | $[Amount] |
| Other charges allowed by our agreement (itemize) | [Date] | $[Amount] |
| Total now due | | $[Total] |
Copies of [the contract, invoices, receipts, photographs, estimates and correspondence] are enclosed.
4. Demand and Deadline
I demand payment of $[Total] no later than [Date — 14 to 30 days after you expect this letter to be received].
Payment may be made by [cashier’s check / money order / bank transfer / online payment link] to [Name and Address]. If you dispute any part of this amount, tell me in writing before the deadline which part you dispute and why, and pay the undisputed part.
5. If You Do Not Pay
If payment is not received by the deadline, I intend to file suit without further notice in the Circuit Court of [County] County [as a small claim, which covers claims up to $10,000]. I will ask for the amount owed, interest, court costs and, where a contract or statute allows, attorney’s fees.
6. Optional Paragraphs — Use Only the One That Fits
A. Unpaid wages (705 ILCS 225/1; 820 ILCS 115/14). I was employed by you from [Date] to [Date]. You owe me $[Amount] in [wages / final compensation / earned vacation pay / commissions] for [period], calculated as [hours × rate, or other basis]. This is my written demand for payment of that amount, made at least 3 days before I file suit. Under the Illinois Wage Payment and Collection Act, unpaid wages carry damages of 5% of the underpayment for each month they remain unpaid, plus costs and attorney’s fees in a civil action. [Demand no more than the amount you can prove: fees under 705 ILCS 225/1 depend on the court finding at least the amount demanded to be due.]
B. Bounced check (810 ILCS 5/3-806). Check No. [Number] dated [Date] for $[Amount], drawn on [Bank], was not honored because [you had no account / there were insufficient funds / there was insufficient credit]. I demand payment of the amount of the check within 30 days of the mailing of this demand. Under Section 3-806 of the Illinois Uniform Commercial Code you are liable for interest on the amount of the check at 9% a year and for $25 or all of my costs and expenses of collecting it, including reasonable attorney’s fees, whichever is greater. If you do not pay within 30 days, I will seek those costs and expenses in full. [Send by certified mail, return receipt requested, to the writer’s last known address.]
C. Security deposit (765 ILCS 710/1). I vacated [Address] on [Date]. More than 30 days have passed and I have not received an itemized statement of damage with paid receipts, and more than 45 days have passed without the return of my $[Amount] deposit. I demand the full deposit by [Date]. A landlord who refuses to supply the statement, or supplies it in bad faith, and does not return the deposit on time is liable for twice the deposit plus court costs and reasonable attorney’s fees.
D. Freelance work (820 ILCS 193). I performed [services] for you as an independent contractor under our contract dated [Date], worth $[Amount]. Under the Freelance Worker Protection Act, payment was due [on the date set in the contract / within 30 days after I completed the work], which was [Date]. I demand payment of $[Amount] by [Date].
7. Preservation of Evidence
Please keep all documents, messages, recordings and electronic data related to this matter until it is resolved.
8. Reservation of Rights
This letter does not waive any of my rights or remedies, all of which are reserved.
Sincerely,
___________________________
[Your Full Name]
[Title, if signing for a business]
Enclosures: [List documents]
Before You Send It (Delete This Section)
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Wage claims: choose the forum. Under the Wage Payment and Collection Act you can file a claim with the Illinois Department of Labor or a civil action, but not both. The 3-day written demand matters for attorney’s fees in a court action.
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Ask only for what you can prove. Fees under the wage demand statute are available only if the court finds due at least the amount you demanded.
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Check the deadline to sue. Ten years on a written contract (735 ILCS 5/13-206), five years on an oral contract or for damage to property (13-205), two years for personal injury (13-202). A demand letter does not pause these periods.
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Keep the proof of mailing. The bad check rule requires certified mail with return receipt, and the 30 days run from mailing.