A Payment Demand Letter is an informal demand for Payment sent to the debtor. It is not a prerequisite to perfecting a Claim against the Payment Bond. It can be served before, concurrently, or after making a Payment Bond Claim. When done correctly, a Payment Demand Letter can be an excellent complement to a Payment Bond Claim, or if you missed the deadline to make a Claim against the Bond, it may be all you have left before filing a Lawsuit to enforce Payment of the debt. A Payment Demand Letter should be forceful and typically include allegations that: (1) that the contract has been breached by nonpayment; (2) that the Trust Fund Statute has been violated as a result of the Owner/Contractor diverting construction funds from the Project that were intended to be paid to you; (3) that interest is accruing on the principal amount under the Public Prompt Payment Act, along with a demand for interest; (4) a presentment for future attorneys’ fees under CPRC 38.001 in the event an attorney is later retained to enforce Payment; and (5) a threat that a Lawsuit will be filed to collect the debt and that you will seek an award for the principal amount owed, accrued interest, attorneys’ fees, costs, and punitive damages if not immediately paid. If you have any Payment Demand Letter question, please 
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