Legal Question in Real Estate Law in Georgia

Demand Letter

If you are sending someone a demand letter, do you have to give them a certain amount of time to come up with the money that you are asking for? My roommate and I have talked with our old roommates several times and they still have not payed. We sent them a demand letter and only gave them three days to pay (since they were already well aware of the money they owed,) before we filed a claim. Someone told me that you must give them 10 days to pay the amount. Is this true?


Asked on 2/08/00, 12:46 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Demand Letter

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Unless stated in the Promissory Note (there probably is not one), no demand other than an oral instanter demand "Pay me.," need be given. If you file suit and serve them, they will have at least 30 days to answer the suit in GA.

In landlord tenant law (without a lease) a LL must give a T 60 notice to get out. A T must give LL 30 notice that T is moving, but I dont think this is quite applicable to your situation.

In GA small claims court you can sue (w/o a lawyer) for up to $15,000 in claims. You can join more than one defendant. So, if they don't pay, why don't you merely file a claim against them in Small Claims Court (that is the Magistrate Court). Hugh Wood

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Answered on 2/09/00, 4:56 pm


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