Sending a Demand Letter in Texas: When and How

Most business disputes in Tyler never go to trial. Many end with a letter. A demand letter lays out what happened, what you want, and what you will do if you do not get it. Done well, it gets results. Done poorly, it can hurt your case.

When to Send One

Consider a demand letter when a customer owes money, a vendor has not performed, a former employee is violating a non-compete, or a business partner has breached an agreement. It is often a required first step.

Texas Notice Rules That Matter

To recover attorney’s fees in many breach of contract cases, you must present your claim to the other side and give them 30 days to pay. Consumer claims under the Texas Deceptive Trade Practices Act generally require 60 days’ written notice before filing suit. Your contract may also have its own notice requirements. See what to do when a contract is breached.

What to Include

• The facts, stated clearly and without exaggeration
• The contract terms or law that support your claim
• The exact amount or action you are demanding
• A firm deadline to respond
• What you will do if the deadline passes

What to Avoid

Do not make threats you cannot back up or threaten criminal charges to collect a civil debt. Assume a judge may read the letter someday.

Why a Letter From an Attorney Works

A demand on law firm letterhead shows you are serious and prepared to follow through. It often prompts a response when earlier emails did not. If the other side responds, mediation may be a good next step.

Frequently Asked Questions

Do I need a lawyer to send a demand letter?

No, but a letter from an attorney usually carries more weight and makes sure you meet Texas notice requirements.

What happens if they ignore the letter?

You can decide whether to file suit, pursue arbitration if your contract requires it, or consider other collection options.

Talk With a Tyler Attorney

Need a demand letter sent? Learn about our business litigation services. Call Lindsey Birdsong, PC at (903) 595‑6297 or visit our contact page. Our office is at 2307 Dueling Oaks Drive, Suite 103, in Tyler.

This article is general information, not legal advice. Talk with an attorney about your specific situation.