Is a formal notice mandatory before small claims?
Short answer
In Quebec, the government recommends sending a formal notice (mise en demeure) before filing a small claims application, and in certain cases it is mandatory. The application form also requires proof that it was sent.
In detail
The formal notice (mise en demeure) is the letter by which you formally ask the other party to correct the situation within a specific time. The Gouvernement du Québec presents it as the first step in settling a dispute, and specifies that it is recommended before filing an application — and mandatory in certain cases.
It also has a concrete effect on money: as a general rule, interest runs from the formal notice, or exceptionally from another date the court considers appropriate. A formal notice sent early, with proof, can therefore represent several months of interest.
Finally, before filling out application form SJ-870E, you are asked to gather your exhibits, the important dates in the dispute and proof that the formal notice was sent. Without that proof, you are missing something the form calls for.
What to document
The letter itself, the date it was sent, how it was sent, the proof of receipt, and the deadline you gave. Also note the date that deadline expired: that is the starting point for everything that follows.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Writing and sending the formal notice (mise en demeure) — Gouvernement du Québec
- Small Claims Application form (SJ-870E) — Gouvernement du Québec
- Interest on the amount claimed — Gouvernement du Québec
Related questions
- What do I have to write in a formal notice?
- Do I have to send the formal notice by registered mail?
- How long do I have to sue someone who owes me money?
- What is the time limit to sue for a latent defect?
- How much does it cost to file a small claims application?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.