New York Demand Letter Template: Small Claims, Commercial Claims and GOL Rules

Demand Letter (New York)

[Your Full Name or Business Name]
[Street Address]
[City], New York [ZIP]
[Phone] · [Email]

[Date]

Sent by first-class mail and 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 demand for payment. I am giving you a final opportunity to resolve this matter before I file a claim in court.

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

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 a claim without further notice [in the Small Claims Part of the [New York City Civil Court, County of [County] / [City] City Court / [Town or Village] Justice Court] / in the Commercial Claims Part / in [Civil or Supreme] Court]. 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. Business collecting from a consumer in the Commercial Claims Part (City Court Act / NYC Civil Court Act § 1803-A). Use the demand letter form issued by the New York State Unified Court System and mail it by first-class mail no less than 10 and no more than 180 days before filing. It must state: the date of the consumer transaction, which was [Date]; the amount that remains unpaid, $[Amount]; that a copy of [the original contract, invoice or other document underlying the debt] and an accounting of all payments are enclosed; [if you were not a party to the original transaction: the names and addresses of the original parties]; and that I intend to use the Commercial Claims Part of the court to obtain a judgment, that you will receive a further notice of the hearing date unless payment is received by [Date], and that you are entitled to appear at the hearing and present any defenses to this claim.

B. Dishonored check (Gen. Oblig. Law §§ 11-104, 5-328). Check No. [Number] dated [Date] for $[Amount], payable to [Payee], was dishonored by [Bank] because [you had no account with that bank / you had insufficient funds on deposit]. I demand payment of $[Amount] plus a dishonored check fee of $[up to 20]. [To claim liquidated damages, send the statutory “Demand for Payment of Dishonored Check” form in Section 11-104(8), in English and Spanish, in at least 10-point type: the 1st notice by first-class and certified mail, return receipt requested, restricted delivery; the 2nd and final notice by first-class mail at least 15 days after the 1st was received.]

C. Security deposit (Gen. Oblig. Law § 7-108). I vacated [Address] on [Date]. More than 14 days have passed, and I have not received an itemized statement of any amount retained or the balance of my $[Amount] deposit. Under Section 7-108, a landlord who does not provide the statement and the deposit within 14 days forfeits any right to retain any portion of it. I demand the full deposit by [Date].

D. Unpaid wages (Labor Law § 198). I worked for you from [Date] to [Date] and am owed $[Amount] in [wages / overtime / final pay] for [period]. In a court action, an employee who prevails recovers the unpaid wages, reasonable attorney’s fees, prejudgment interest and, unless the employer proves a good faith basis, liquidated damages equal to 100% of the wages due. I demand payment by [Date]. I may also file a claim with the New York State Department of Labor.

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)

• Collecting a consumer debt as the original creditor? General Business Law § 601 still applies: do not threaten an action you do not normally take, do not make the letter look like a court or government document or an attorney’s letter when it is not, and do not claim a right you know does not exist.

• Hired a freelancer, or are one? Contracts for freelance work worth $800 or more, alone or with other contracts between the same parties in the previous 120 days, must be in writing under the Freelance Isn’t Free Act (Gen. Bus. Law art. 44-A).

• Check the deadline to sue. Six years on most contracts (CPLR 213), three years for a creditor on a consumer credit transaction (CPLR 214-i), three years for injury to property (CPLR 214). A demand letter does not pause these periods.

• Keep the proof of mailing. The commercial claims window (10 to 180 days) and the bounced check periods run from mailing or receipt dates you will have to prove.