Connecticut Demand Letter

Introduction

Key Things to Know

1. 1

   Connecticut's Unfair Trade Practices Act (CUTPA) does not require a written demand before you sue for damages, under Connecticut General Statutes Section 42-110g(a). But if your claim involves a dishonored check, Section 52-565a requires a specific written demand, sent by first class mail and certified mail, return receipt requested, with delivery restricted to the drawer, or by mail supported by a sworn affidavit of service, giving the drawer 30 days from the date of mailing to pay before you can pursue the statute's capped damages, which are available only if you already gave the public notice of the penalty the statute requires.

2. 2

   If you are an original creditor collecting your own personal, family, or household debt, Connecticut's Creditors' Collection Practices Act, Gen. Stat. Sections 36a-645 to 36a-648, and its companion regulation, Regs. Conn. State Agencies Section 36a-647-5, bar 16 specific practices in a collection letter: it prohibits threatening violence and it prohibits soliciting a postdated check for the purpose of threatening or instituting criminal prosecution. The Act's definition of creditor excludes third-party collection agencies, which are licensed separately.

3. 3

   Connecticut's bad-check damages are flat caps, not a multiplier: the lesser of the check's face amount or $750 if the account did not exist, or $400 if the check bounced for insufficient funds, under Section 52-565a(b) and (c), and only if you already gave the public notice of the penalty that Section 52-565a(e) requires. Section 52-565a(i) also allows a service charge of up to $20 per check, unless payment was stopped, the check was stolen, or the drawer has a reasonable defense.

4. 4

   State your demand in specific numbers. Name the exact amount owed, the contract, invoice, or dishonored check it comes from, and a firm deadline to pay or act.

5. 5

   The Small Claims Session of the Connecticut Superior Court hears most claims up to $5,000, and up to $15,000 for a home-improvement or new-home-construction contractor dispute, according to the Connecticut Judicial Branch's mandatory small claims form, JD-CV-40. Unlike some states, Connecticut allows an attorney to appear in small claims, and that form includes an attorney information section but does not ask you to certify that you demanded payment before filing.

6. 6

   Mind Connecticut's statute of limitations: six years for a written contract or open account under Section 52-576(a); three years for an oral contract you have not yet fully performed under Section 52-581(a), though courts apply Section 52-576's six-year period once your own performance under that oral contract is complete; and three years for property damage under Section 52-577. Contracts for the sale of goods are excluded from both Section 52-576 and Section 52-581.

7. 7

   Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, criminal prosecution, or violence to collect a civil debt; Connecticut's collection regulation separately prohibits soliciting a postdated check for the purpose of threatening or instituting criminal prosecution. Interest of up to 10 percent per year may be allowed at a court's discretion under Section 37-3a(a), but it is not automatic and is not triggered merely by sending this letter.

Connecticut Requirements for Demand Letter

• No CUTPA Pre-Suit Demand Requirement

  Connecticut General Statutes Section 42-110g(a) lets a person who suffers an ascertainable loss bring an action under CUTPA directly, with no pre-suit written-demand-and-cure step required. A CUTPA damages claim must be brought within three years of the violation, under Section 42-110g(f).

• Bad-Check Written Demand and 30-Day Clock

  Connecticut General Statutes Section 52-565a(a) conditions bad-check damages on a written demand sent to the drawer's last-known address, giving the drawer 30 days from the date of mailing to pay the face amount before you can pursue the statute's damages.

• Bad-Check Demand's Form and Public-Notice Gate

  Section 52-565a(g) requires the written demand itself to be printed in at least 10-point type in both English and Spanish and to include specific statutory content, so this general demand letter is not that statutory notice. Section 52-565a(e) further conditions the statute's damages on the payee having already given the required public notice of the penalty before the check was written.

• Creditors' Collection Practices Act Covers Original Creditors

  Connecticut's Creditors' Collection Practices Act, Gen. Stat. Sections 36a-645 to 36a-648, applies to an original creditor collecting a personal, family, or household debt; its definition of creditor expressly excludes third-party consumer collection agencies, which are licensed separately under Sections 36a-800 to 36a-814.

• 16 Prohibited Collection Practices

  Regs. Conn. State Agencies Section 36a-647-5 lists 16 specific prohibited practices for a covered creditor's collection letter: it prohibits threatening violence or other criminal means, it prohibits soliciting a postdated check for the purpose of threatening or instituting criminal prosecution, and it prohibits soliciting an amount not authorized by the debt agreement or by law. A violation carries actual damages plus up to $1,000 in additional damages for an individual, costs, and discretionary attorney's fees under Section 36a-648, and suit must be brought within one year of the violation.

• Attorney's Fees Barred Before Suit Is Filed

  Connecticut General Statutes Section 42-150aa(a)(2) bars collecting a contractual attorney's fee on a consumer contract or lease prior to the commencement of a lawsuit. Section 42-150bb separately makes a one-sided attorney's-fee clause in such a contract reciprocal, so a consumer who prevails can also recover fees.

• Small Claims Limit and Attorneys Permitted

  The Small Claims Session of the Connecticut Superior Court hears most claims up to $5,000, and up to $15,000 for a home-improvement or new-home-construction contractor dispute, according to the Connecticut Judicial Branch's mandatory small claims form, JD-CV-40. Connecticut permits an attorney to appear in small claims, and that form includes an attorney information section.

• Statute of Limitations by Claim Type

  Connecticut gives six years to sue on a written contract or open account under Section 52-576(a) and three years on an oral contract that remains executory under Section 52-581(a); courts apply Section 52-576's six-year period once your own performance is complete. Contracts for the sale of goods are excluded from both sections, and property damage has three years under Section 52-577.

• Discretionary 10 Percent Interest Cap

  Connecticut General Statutes Section 37-3a(a) allows interest of up to 10 percent per year, and no more, as damages for the wrongful detention of money after it becomes payable, awarded at the court's discretion rather than automatically.