Texas Demand Letter Generator

Texas rules for demand letters

Small claims court in Texas

The general small claims limit in Texas is $20,000. The Texas small claims sources we checked do not require a demand before filing, but a written demand is still useful evidence. The petition rules do not require a demand before filing, though some laws (such as consumer protection claims) have their own notice rules.

The small claims court finder shows the filing fee for your amount, where to file and how to serve; our Texas small claims guide walks through the whole case.

Security deposits in Texas

The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises, with a written description and itemized list of any deductions. The landlord does not have to act until the tenant gives a written forwarding address. A landlord who in bad faith keeps a deposit is liable for $100, three times the amount wrongfully withheld, and the tenant's reasonable attorney fees, and bad faith is presumed in some cases where the deadline is missed. Tex. Prop. Code § 92.103(a)

Give the landlord your forwarding address in writing for the refund. The landlord is not obligated to return the deposit or send the list of deductions until you do. Including it in this letter is one way to provide it.

Consumer protection notice in Texas

Before suing for damages under the DTPA, you must give the business written notice at least 60 days before filing. It must explain in reasonable detail your specific complaint and the amount of economic damages, mental-anguish damages, and expenses (including any attorney fees) you are claiming. The notice is not required in some situations, including when the claim is raised as a counterclaim. A business that did not get notice can ask the court to pause the case until 60 days after notice is served.

Other Texas rules

To recover attorney's fees on a contract, sworn-account or services claim, a claimant represented by an attorney must present the claim to the other side, and the just amount owed must not have been paid within 30 days after presentment. This fee rule does not help a person who represents themselves, but a dated demand letter documents presentment. Tex. Civ. Prac. & Rem. Code § 38.002

What a demand letter should say

A demand letter is a short, factual request for payment. It names who owes whom, how much, and why; it sets a date to pay; and it says what you will do next if you are not paid. Keep it to what you could prove to a judge: the agreement, the dates, the amount, and any payments already made.

• Your name and mailing address, the date, and the other side's name and address.
• The amount you are asking for and how you got to it.
• A short account of what was agreed and what went wrong.
• A clear deadline and how to pay.
• Your next step if you are not paid, such as filing in small claims court.

Send it in a way you can prove, such as certified mail with a return receipt, and keep a copy for the court file.

What this tool does not do

• It does not send the letter, store it, or put anything you type in the web address. Everything stays in your browser.
• It does not calculate interest, judge whether your claim is strong, or say what a court would award.
• It does not check your statute of limitations. Use the statute of limitations calculator.
• It is general information and a template, not legal advice.