The Legal Requirement

After serving your Letter of Demand, you must wait at least 14 days before proceeding to court. This waiting period is mandated by Section 29 of the Small Claims Courts Act and gives the defendant a final opportunity to settle directly.

The Law (Section 29 Simplified): Before issuing a summons, you must prove you sent a written demand giving the defendant at least 14 days from receipt to satisfy your claim.

Read the full text: Section 29 of the Small Claims Court Act →

For strategic guidance on what to expect during this waiting period, read our Complete Guide to Small Claims Timelines →

When Does the 14-Day Clock Start?

The countdown begins the day after confirmed receipt:

  • Personal/Direct Service: Day after successful hand-over (per your Affidavit of Service)
  • Sheriff Service: Day after date on Sheriff's 'Return of Service'
  • Registered Post: Day after Post Office confirmed delivery date

Count 14 full calendar days starting the day after confirmed receipt.

Use This Time Productively

  • Organize Documentation: Gather all evidence (invoices, contracts, photos, emails) for potential court proceedings
  • Prepare for Next Steps: Familiarize yourself with Step 4 (Drafting the Summons) in case needed
  • Monitor Communications: Stay alert for defendant contact. Document any interactions carefully
  • Consider Legal Advice: If uncertain about any aspect, consult a legal professional familiar with Small Claims procedures
  • Let Time Run: Avoid repeated contact unless responding to settlement offers they initiated

Service Method Confirmation

Confirm you have the necessary proof based on your service method:

Personal Service
Sheriff's Office
Attorney Service
Registered Post
✅
Perfect! You're Ready to Proceed

You have all the necessary documentation for your selected service method. Once the 14-day waiting period has passed, you'll be ready to move to Step 4: Drafting the Summons.

After 14 Days: What Happens Next

  • Defendant Paid/Settled: Excellent! Ensure you have written confirmation or receipt. No further action needed.
  • Defendant Made Contact: Consider their response carefully. You can negotiate, but if no agreement is reached after 14 days, you may proceed to court.
  • No Response: If 14 full days have passed without satisfactory response, you're legally entitled to proceed with Step 4: Drafting and issuing your summons.

For guidance on negotiating during this period, see our Winning Strategies for Small Claims Disputes →