Is a demand letter required before filing a complaint?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
A written demand is not required by law for every case, but it is strongly advisable and sometimes essential. Under Article 1169 of the Civil Code, a debtor generally incurs delay (default) only from the moment the creditor demands payment — so a dated demand letter is what starts interest and damages running. Regulators also expect it: the BSP Consumer Assistance Mechanism will not act until you have first complained to the company. In small claims, showing that you demanded payment strengthens your Statement of Claim.
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Frequently asked
Why send a demand letter at all?
It puts the other side in default under Article 1169 (so interest and damages start running), it creates a dated record that you tried to settle, and it satisfies the regulators' rule that you must first raise the matter with the company before they mediate.
Is a demand letter required for small claims?
The rules do not make a separate demand letter a strict jurisdictional requirement, but proof that you demanded payment is persuasive evidence and is expected in practice. Attach a copy of your demand and proof it was sent.
How should I send it?
In writing, dated and signed, to the company's official address or email — registered mail with return card produces a court-admissible record. Keep proof of sending; email can be used as a parallel channel.
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