Minnesota Demand Letter
This letter applies Minnesota's dishonored-check demand statute, its no-notice rule for consumer-fraud claims, and its conciliation court, interest, and limitations rules.
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What is this demand about?
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Introduction
Minnesota does not require a written demand before you sue under the state's consumer-fraud and unfair-trade-practices laws (Minnesota Statutes Section 8.31, subdivision 3a), but if your claim involves a dishonored check, Section 604.113 requires you to mail a notice of dishonor and wait 30 days before you can recover the added civil penalty of up to $100, or the value of the check, whichever is greater, and, once the check writer's aggregate dishonored checks to all payees exceed $1,250 within a six-month period, reasonable attorney fees. A demand letter still states clearly what you are owed, why, and what you will do if the other side does not respond by your deadline, and it creates a paper trail a judge will want to see even when no statute requires one. In Minnesota, this written notice can also start the prejudgment interest clock under Section 549.09 if you file suit within two years, unless your claim falls within Conciliation Court's jurisdictional limit. If your dispute involves a security deposit or a final paycheck, Minnesota applies separate rules to those claims, covered on their own demand letter pages rather than repeated here. DocDraft builds your Minnesota demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
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Minnesota does not require a written demand before you sue under the state's consumer-fraud and unfair-trade-practices laws, but if your claim involves a dishonored check, Minnesota Statutes Section 604.113 requires a mailed notice of dishonor and a 30-day wait before you can recover the added civil penalty and, once the check writer's aggregate dishonored checks exceed $1,250 within a six-month period, attorney fees.
- 2
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.
- 3
If your claim involves a dishonored check, mail your notice of dishonor to the address on the check and wait the full 30 days before you sue, or you lose the added civil penalty of up to $100, or the value of the check, whichever is greater, and any attorney fees Section 604.113 allows.
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A written demand letter can start Minnesota's prejudgment interest clock under Minnesota Statutes Section 549.09 if you file suit within two years of sending it, but prejudgment interest is unavailable on a claim that falls within Minnesota Conciliation Court's jurisdictional limit.
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Minnesota Conciliation Court hears most civil claims up to $20,000, but only up to $4,000 if you are the seller or lender collecting on your own consumer credit sale, under Minnesota Statutes Section 491A.01.
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Mind Minnesota's statute of limitations: six years to sue on a written contract, an oral contract, an open account, or for injury to personal property, under Minnesota Statutes Section 541.05, but only four years on a contract for the sale of goods under Section 336.2-725.
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Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, or criminal prosecution to collect a civil debt. Minnesota Statutes Section 334.01 sets the legal interest rate at 6 percent a year unless a different rate is agreed in writing, with an 8 percent usury ceiling that does not apply to written contracts of $100,000 or more.
Key decisions before you file
Before you file a Demand Letter in Minnesota, 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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Minnesota Requirements for Demand Letter
Bad-Check Demand Unlocks Penalty and Fees
Under Minnesota Statutes Section 604.113, if a dishonored check is not paid within 30 days after you mail a notice of dishonor citing Sections 604.113 and 609.535, the check writer is also liable for a civil penalty of up to $100, or the value of the check, whichever is greater, plus interest, and, once the writer's aggregate dishonored checks to all payees exceed $1,250 within a six-month period, your reasonable attorney fees.
Service Charge Applies Without a Demand
Minnesota Statutes Section 604.113 lets you recover a service charge of up to $30 per dishonored check regardless of any demand, but only if notice of that charge was conspicuously posted when the check was written.
Certified Mail or Affidavit Delivery for the Dishonor Notice
Minnesota Statutes Section 604.113 requires the notice of dishonor to be sent by certified mail, return receipt requested, or by regular mail supported by an affidavit of service by mailing, to the address printed or written on the check.
Attorney Fees Threshold for Repeat Bad-Check Issuers
Minnesota Statutes Section 604.113, subdivision 2(b)(3), allows recovery of reasonable attorney fees only if the aggregate amount of dishonored checks the issuer wrote to all payees within a six-month period exceeds $1,250.
No Pre-Suit Notice for Consumer-Fraud Claims
Minnesota Statutes Section 8.31, subdivision 3a, lets a person injured by a violation of the state's consumer-fraud and unfair-trade-practices laws bring a civil action directly, with no written notice or demand required first.
Conciliation Court Limit Drops for Seller or Lender Claims
Minnesota Conciliation Court hears most civil claims up to $20,000 under Minnesota Statutes Section 491A.01, but only up to $4,000 if the claimant is the seller or lender collecting on its own consumer credit transaction.
Statute of Limitations by Claim Type
Minnesota Statutes Section 541.05 gives six years to sue on a written contract, an oral contract, an open account, or for injury to personal property, but Section 336.2-725 limits a contract for the sale of goods to four years.
Demand Letter Can Start the Prejudgment Interest Clock
Minnesota Statutes Section 549.09 lets a written notice of claim, such as a demand letter, start prejudgment interest running from the date of the notice if suit is commenced within two years, but this benefit does not apply to a judgment within Minnesota Conciliation Court's jurisdictional limit.
Tiered Interest Rate Mechanism
Minnesota Statutes Section 334.01 sets the legal interest rate at 6 percent a year unless a different rate is agreed in writing, with an 8 percent usury ceiling that does not apply to written contracts of $100,000 or more; Section 549.09 separately sets judgment interest at a floating rate with a 4 percent floor for judgments of $50,000 or less, or a fixed 10 percent a year for larger judgments.