Georgia Demand Letter
Georgia ties a 30-day written demand under the Fair Business Practices Act to treble damages for an intentional violation, a 10-day notice to contractual attorney's fees, and a 10-day written demand to double damages on a bad check.
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Introduction
Georgia's Fair Business Practices Act conditions the right to sue for an unfair or deceptive practice, available to any person who suffers injury or damages from a violation, including a person whose business or property was injured, and not only individual consumers, on a written demand delivered at least 30 days before filing, under O.C.G.A. Section 10-1-399(a), (b). That demand must identify the claimant and reasonably describe the unfair or deceptive practice and the injury suffered. Skipping it, or sending it fewer than 30 days before you file, puts the claim itself at risk. If the business makes a written settlement tender within that 30 days and you reject it, a court that finds the tender reasonable can cap your recovery at the tendered amount and cut off any attorney's fees for work done after the rejection, so this demand is not a formality. For an intentional violation, a court must award three times actual damages, and the business must otherwise pay reasonable attorney's fees and litigation expenses regardless of the amount in dispute (O.C.G.A. Section 10-1-399(a), (c), (d)). Outside a Fair Business Practices Act claim, Georgia gives written contracts six years to sue while folding oral contracts and open accounts into a shorter four-year period, though a contract for the sale of goods follows Georgia's Uniform Commercial Code period instead (O.C.G.A. Sections 9-3-24, 9-3-25), and a written demand for a liquidated debt payable on demand starts interest running from the date of the demand itself, at the legal rate when no rate is set by written contract, not from when the debt arose (O.C.G.A. Section 7-4-15). This page covers a general Georgia demand letter for money owed, a broken agreement, or property damage. A security deposit dispute or an unpaid final wage claim follows its own rules, so use the dedicated pages for those instead. DocDraft builds your demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
- 1
Before suing a business for an unfair or deceptive practice, Georgia's Fair Business Practices Act requires a written demand delivered at least 30 days before you file, identifying yourself and describing the practice and your injury (O.C.G.A. Section 10-1-399(b)).
- 2
If the business makes a written settlement tender within 30 days of your demand and you reject it, a court that finds the tender reasonable can cap your recovery at the tendered amount and deny attorney's fees for anything litigated after the rejection, so weigh a reasonable offer carefully (O.C.G.A. Section 10-1-399(c), (d)).
- 3
For an intentional violation of the Fair Business Practices Act, a court must award three times your actual damages, and the business must otherwise pay your reasonable attorney's fees regardless of the amount in dispute (O.C.G.A. Section 10-1-399(a), (c), (d)).
- 4
If you are demanding payment on a note or contract that itself provides for attorney's fees on default, Georgia requires a separate 10-day written notice before those fees can be collected, and paying the principal and interest within the 10 days voids the fee obligation entirely (O.C.G.A. Section 13-1-11).
- 5
A demand letter for a dishonored check must follow Georgia's own 10-day written demand, sent by certified mail, statutory overnight delivery, or first-class mail supported by an affidavit of service, before you can recover double the check amount, capped at $500, plus a service charge (O.C.G.A. Section 13-6-15).
- 6
Georgia gives written contracts six years to sue and folds oral contracts and open accounts into a shorter four-year period, though a contract for the sale of goods follows Georgia's Uniform Commercial Code period instead, and a written demand on a liquidated debt payable on demand starts interest running from the date of the demand at the legal rate of 7 percent when no contract rate applies (O.C.G.A. Sections 9-3-24, 9-3-25, 7-4-2, 7-4-15).
- 7
If the deadline passes without payment, a Georgia claim within its jurisdictional limit can be filed in the Magistrate Court of Georgia, whose civil jurisdiction reaches $15,000 (O.C.G.A. Section 15-10-2(a)(5)). Confirm the current limit with your county magistrate court before filing.
Key decisions before you file
Before you file a Demand Letter in Georgia, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Georgia Requirements for Demand Letter
30-Day Fair Business Practices Act Demand
Before suing for an unfair or deceptive practice, Georgia requires a written demand delivered at least 30 days before you file, identifying yourself and describing the practice and your injury (O.C.G.A. Section 10-1-399(b)). Your demand letter can serve as that written demand if it is delivered at least 30 days before you file.
Settlement Tender Can Cap Recovery
If the recipient makes a written settlement tender within 30 days of your Fair Business Practices Act demand, a court can cap your recovery at the tendered amount if it finds the tender reasonable, and can deny attorney's fees for work done after you reject it (O.C.G.A. Section 10-1-399(c), (d)).
Treble Damages for Intentional Violations
For an intentional violation of the Fair Business Practices Act, a court must award three times your actual damages, and the business must otherwise pay your reasonable attorney's fees and expenses regardless of the amount in dispute (O.C.G.A. Section 10-1-399(a), (c), (d)).
10-Day Notice Before Contractual Attorney's Fees
If you are collecting on a note or contract that itself provides for attorney's fees on default, Georgia requires a separate 10-day written notice before those fees can be added, and full payment of principal and interest within the 10 days voids the fee obligation (O.C.G.A. Section 13-1-11).
10-Day Demand for a Dishonored Check
A demand for a dishonored check must be sent by certified mail, statutory overnight delivery, or first-class mail with an affidavit of service, giving the recipient 10 days to pay before you can seek double the check amount, capped at $500, plus a service charge (O.C.G.A. Section 13-6-15).
Interest Runs From the Date of Demand
For a liquidated debt payable on demand, Georgia interest runs from the date of your written demand rather than from when the debt arose, at the legal rate of 7 percent per year when no contract rate applies (O.C.G.A. Sections 7-4-15, 7-4-2(a)(1)(A)).
Six-Year Limit for Written Contracts, Four for Others
Georgia gives a written contract six years to sue, while an oral contract or an open account carries a shorter four-year deadline, though a contract for the sale of goods follows Georgia's Uniform Commercial Code period instead (O.C.G.A. Sections 9-3-24, 9-3-25). Send your demand letter with enough time left to file suit if it is ignored.
Magistrate Court Is Georgia's Small Claims Venue
If the deadline passes without payment, a claim within its jurisdictional limit can be filed in the Magistrate Court of Georgia, whose civil jurisdiction reaches $15,000 (O.C.G.A. Section 15-10-2(a)(5)). Confirm the current limit with your county magistrate court before filing.
No Threats of Arrest or Prosecution
A Georgia demand letter should never threaten arrest, criminal charges, or a report to police to collect a civil debt. Keep the letter to the facts, the amount owed and the legal steps you will take.