How to Mail a Notice of Intent to Sue (2025 Guide)

Notice of intent to sue being sent by certified mail

Quick Answer: Mailing Notice of Intent to Sue

Best method: USPS Certified Mail with Return Receipt
Give: 14-30 days to respond (or longer if required by law)
Keep: Copy of letter, mailing receipt, green card, tracking records
Purpose: Creates legal record you gave fair warning before suing

A notice of intent to sue (also called a pre-suit notice or pre-litigation letter) informs someone that you intend to file a lawsuit against them if the dispute is not resolved. While not always legally required, sending this notice properly protects your rights and often leads to settlement without litigation. This guide explains how to mail a notice of intent to sue, including what to include, how to send it via certified mail, and what happens after you send it.

USPS Delivery Time Estimator

Choose your sending and destination states to estimate how long First-Class and Priority Mail usually take to arrive.

Open the estimator

What is a Notice of Intent to Sue?

A notice of intent to sue is a formal letter that:

Describes your claim: What the other party did or failed to do
States your demand: What you want (money, action, or both)
Sets a deadline: Time to respond or comply
Warns of legal action: Explicitly states you will sue if not resolved
Creates a record: Proof you gave fair warning before litigation

Notice of Intent vs. Demand Letter

These terms are often used interchangeably. A demand letter requests payment or action. A notice of intent to sue goes further by explicitly stating you will file a lawsuit if demands are not met. Many letters serve both purposes.

When Notice is Required vs. Recommended

Often Legally Required

• Claims against government entities (federal, state, local)
• Medical malpractice claims (in many states)
• Construction defect claims
• Some consumer protection claims
• Insurance bad faith claims (some states)

Failing to provide required notice may bar your lawsuit.

Strongly Recommended (Not Required)

• Breach of contract
• Debt collection
• Small claims matters
• Property damage claims
• Professional malpractice (when not required)

Sending notice demonstrates good faith and may avoid litigation costs.

Warning: Government Claims

Claims against government entities (cities, counties, states, federal agencies) typically have strict notice requirements and short deadlines—sometimes as little as 30-180 days after the incident. These requirements vary significantly by jurisdiction and claim type. Missing these deadlines can permanently bar your claim. Consult an attorney if you have a claim against a government entity.

What to Include in Your Notice

Your notice of intent to sue should contain:

Your contact information: Name, address, phone, email
Recipient's information: Full legal name and address
Date: When you are sending the letter
Subject line: "Notice of Intent to Sue" or "Pre-Litigation Notice"
Statement of facts: What happened, when, where, who was involved
Legal basis: Why you believe you have a valid claim
Damages: Amount you are seeking and how calculated
Demand: What you want them to do
Deadline: Date by which they must respond (typically 14-30 days)
Statement of intent: Explicit statement that you will file suit if not resolved
Signature: Your handwritten signature

Sample Notice of Intent to Sue Language

[Your Name]

[Your Address]

[Date]

VIA CERTIFIED MAIL
Return Receipt Requested
Article Number: [to be filled in]

[Recipient Name]
[Recipient Address]

RE: NOTICE OF INTENT TO SUE

Dear [Recipient Name],

Please be advised that I intend to file a lawsuit against you in [Court Name] unless the matter described below is resolved within [number] days of your receipt of this letter.

FACTS: [Describe what happened, when, and the damages you suffered]

DAMAGES: As a result of your [actions/inaction], I have suffered damages in the amount of $[Amount], consisting of [breakdown of damages].

DEMAND: I demand that you [pay $X / take specific action] by [Date - typically 14-30 days from receipt].

If I do not receive [payment/resolution] by the deadline stated above, I will file suit without further notice. In addition to the damages stated above, I will seek recovery of court costs, interest, and any other relief available under law.

This letter is sent in an effort to resolve this matter without litigation. Please contact me immediately to discuss resolution.

Sincerely,

[Signature]

[Your Printed Name]

How to Mail the Notice

Step 1: Prepare the Letter

Print on quality paper
Make at least 2 copies (one to send, one for your records)
Sign the original in ink
Date the letter

Step 2: Address the Envelope

Use the recipient's full legal name
Use their current mailing address
For businesses, address to registered agent or principal
Include your return address

Step 3: Send by Certified Mail with Return Receipt

Request "Certified Mail with Return Receipt Requested"
Complete PS Form 3800 (certified mail receipt)
Complete PS Form 3811 (green card return receipt)
Pay for postage and fees
Write the tracking number on your letter copy

Step 4: Also Send by Regular Mail (Recommended)

Send a copy via regular first-class mail, same day
This provides backup if certified is refused

Step 5: Track and Save Everything

Track delivery at USPS.com
Screenshot tracking showing delivery
Save the green card when it returns
File all records for future reference
See our guide on how to prove you mailed something

Timing: How Long to Wait

After sending your notice, give the recipient reasonable time to respond:

Claim Type	Typical Wait Period
General claims	14-30 days
Government claims	As specified by statute (often 30-180 days)
Medical malpractice	As specified by state law (often 60-90 days)
Construction defects	As specified by state law

Watch the Statute of Limitations

While you should give reasonable time to respond, do not wait so long that you miss your statute of limitations. Different claims have different deadlines (often 1-6 years). If you are getting close to the deadline, you may need to file suit before the response period expires. Consult an attorney if you are unsure about your deadline.

After Sending: What Happens Next

If They Respond and Settle

Great outcome! Get any settlement agreement in writing. Do not sign away more rights than necessary. Consider having an attorney review the agreement before signing.

If They Respond and Negotiate

They may offer a partial settlement or dispute some facts. Decide whether to negotiate further or proceed with litigation. Keep all negotiations documented.

If They Do Not Respond

After your deadline passes, you can file your lawsuit. Your certified mail proof shows you gave them fair warning. Keep this documentation for court.

If They Refuse the Certified Mail

In many jurisdictions, refusal of certified mail may be treated as receipt of notice. Keep the returned letter unopened and the tracking record showing "Refused." This is evidence they had the opportunity to receive your notice. Check your local rules to confirm how refused mail is treated in your jurisdiction.

Common Claim Types

Breach of Contract

State which contract was breached, how it was breached, and damages resulting. Include the specific contract terms that were violated.

Property Damage

Describe the property, how it was damaged, when, and who caused the damage. Include repair estimates and any documentation.

Debt Collection

State the original debt amount, when it was incurred, payments made, and current balance owed including any interest.

Personal Injury

Describe the incident, injuries suffered, medical treatment, and damages (medical bills, lost wages, pain and suffering).

Send Your Notice of Intent to Sue Online

Skip the post office. Upload your notice and we print and send it via USPS Certified Mail with Return Receipt. Same-day processing, full tracking, and proof of delivery for your records.

Send Certified Mail Online

FAQs

Is a notice of intent to sue required before filing a lawsuit?

In many cases, a notice of intent to sue is not legally required, but it is highly recommended. However, some types of claims may require pre-suit notice by law in certain jurisdictions, such as medical malpractice claims in many states, claims against government entities, and some consumer protection claims.

How should I send a notice of intent to sue?

Send by USPS Certified Mail with Return Receipt Requested. This creates proof that you sent the notice and proof that the recipient received it. Keep copies of everything including the certified mail receipt and the returned green card.

What is the difference between a notice of intent to sue and a demand letter?

The terms are often used interchangeably. A demand letter requests payment or action. A notice of intent to sue explicitly states you will file a lawsuit if demands are not met. Some demand letters include intent to sue; others are more preliminary.

How long should I wait after sending notice before filing suit?

Give the recipient reasonable time to respond—typically 14-30 days is standard. If required notice periods exist (like for government claims), you must wait the full statutory period. Check if your claim type has specific timing requirements.

What if they do not respond to my notice?

If the deadline passes without response, you can proceed to file your lawsuit. Your certified mail receipt proves you gave them notice and an opportunity to resolve the matter. This looks good to judges.

Should I have a lawyer write my notice of intent to sue?

For simple claims or small amounts, you can write it yourself. For complex claims, larger amounts, or when specific legal requirements apply (like medical malpractice), consider having an attorney draft or review the notice.

Related Guides

Legal Disclaimer

This guide provides general information about notices of intent to sue and is not legal advice. Legal requirements vary by claim type, jurisdiction, and specific circumstances. Some claims have strict notice requirements and deadlines. For advice about your specific legal situation, consult with a licensed attorney.

Last updated: January 25, 2025

Tags: notice of intent to sue, pre-litigation notice, demand letter, certified mail legal, intent to sue letter, lawsuit notice, how to mail notice of intent to sue