QUESTION
Is a demand letter mandatory for civil cases?
Asked on Mar 13th, 2013 on Civil Litigation - Nevada
More details to this question:
Someone owes me money and I threatened to sue them over a week ago through text if they didn't pay me what I'm owed. They made no attempt to pay me anything, so I was going to e-file a small claims complaint, only to find out it's suggested I send the defendant a demand letter and wait another 10 days. I'm pretty sure this won't accomplish anything since I already told them I'd sue them had they not paid, so it mandatory I send the demand letter?
1 ANSWER
R. Christopher Reade
Assuming this matter is before the Las Vegas Justice Court--Small Claims Division-- a demand letter is mandatory. JCRLV 48(a) provides "[p]rior to filing a Small Claims Affidavit of Complaint, the plaintiff must do the following: (1) Send a demand letter, return receipt requested, to the defendant; (2) wait at least 10 days from the date the demand letter is sent before filing a small claims case; and then (3) file a copy of the demand letter along with the return receipt at the time the small claims case is filed against the defendant.
Failure to file a copy of the demand letter and proof of mailing is grounds for dismissal of the action by the Small Claims Referee.
Answered on Mar 14th, 2013 at 2:00 PM