You did the work on a handshake. Maybe a few texts back and forth, an estimate scribbled on the back of an envelope, a verbal yes on the price. Now the invoice is sitting unpaid and the client is hinting there was never really a deal. You can still send a demand letter. You can still get paid. No written contract does not mean no case.
Verbal Agreements Still Count
In nearly every state, a verbal agreement for services is enforceable. The catch is proof. Without a signed contract, you have to show the agreement existed through other evidence: texts, emails, voicemails, estimates, photos of the completed work, and any partial payments the client already made.
Partial payment is the strongest evidence of all. If the client paid a deposit or a progress payment, that is them acknowledging the deal in writing through their bank. Pull the deposit record before you do anything else. Our guide to handling partial payments walks through how to use those records.
One exception worth knowing: large jobs may fall under your state's Statute of Frauds, which requires a written contract for certain amounts or durations. For most residential contractor jobs under $5,000, a verbal agreement is enforceable as long as you can prove it.
Build the Paper Trail Before You Write
Before you draft a single sentence, spend an hour pulling everything you have into one folder. You are going to reference this evidence in the letter and again if you file in small claims.
- Every text message with the client, screenshotted with dates visible
- Every email, including the original quote or estimate you sent
- Bank or app records of any deposit or partial payment
- Before, during, and after photos of the work, with timestamps
- Material receipts tied to the job
- Names and contact info for any helpers, subs, or witnesses on site
- The invoice itself and a log of every follow-up you have sent
If a neighbor, spouse, or building manager saw you doing the work, write down their name. Eyewitnesses count.
What the Letter Must Include
A demand letter without a contract has to work harder. It has to prove the deal existed, prove the work was done, and prove the amount owed. Keep the tone flat and factual.
- Your full name, business name, and contact information
- The client's name and address exactly as you know them
- A date and short description of when and how the agreement was made (phone call on March 4, text exchange on March 6, verbal confirmation on site)
- The agreed price and how it was communicated
- A plain description of the work you completed, with dates
- Any partial payments received and the remaining balance
- A clear payment deadline, 10 to 14 days from the date of the letter
- A statement of what happens if the deadline passes
Reference specific texts or emails by date when you can. "On March 6 at 2:14pm you confirmed the $2,800 price by text" lands harder than "we agreed on the price."
Send Three Escalating Versions, Not One
One letter rarely does the job. Three letters spaced 10 to 14 days apart give the client room to pay without losing face on the first one and signal serious intent by the third.
Letter 1: polite reminder. Assume an honest oversight. Restate the agreement, the work, and the balance. Give a 14-day deadline.
Letter 2: firm demand. Reference the prior letter and the unanswered deadline. Restate the evidence you have. Give a 10-day deadline.
Letter 3: final demand. State that you intend to file in small claims court for your state if payment is not received by a specific date. Reference the filing limit for your state so the client knows you have done the homework.
Reference Small Claims Court by State
Small claims limits vary widely. Citing the exact number in your final letter shows the client you are not bluffing.
Small claims court limits, selected states
Verify your own state's current limit on the court website before you cite it. If your unpaid balance is under the limit, you can file without an attorney. If it is above, you can usually still file by waiving the excess.
How to Send It So It Counts
Send letter one by email and keep a copy. For letters two and three, send by email and also by USPS certified mail with return receipt. The green card that comes back proves delivery, which a judge will look for.
If the client refuses delivery, that is fine. Refused certified mail still counts as served in most jurisdictions. Keep the unopened envelope.
If the Deadline Passes
At that point your options are simple: file in small claims court or write off the debt. The small claims filing process for a contractor is straightforward, and the evidence folder you already built is exactly what the judge wants to see. Bring the texts, the deposit record, the photos, and copies of all three certified letters.
Writing three calibrated letters from scratch, with the right tone and your state's specific small claims numbers, is the part most contractors get stuck on. PaperHammer drafts all three versions from a short form about your job, your client, and what you actually agreed to. You review and edit before you download the PDF.