What should I write in a formal notice and how do I send it?
Short answer
The Government of Quebec indicates that a formal notice (mise en demeure) should contain the date, the recipient's contact information, the words “WITHOUT PREJUDICE” (« SOUS TOUTES RÉSERVES »), the expression “formal notice” in the body of the letter, a summary of the problem, what you are asking for, a deadline to settle (10 days is normally considered reasonable), your contact information and your signature.
In detail
The official page also offers a model letter. It recommends stating in the letter itself how it is being sent — registered mail or bailiff — and identifying the recipient properly, which means knowing their exact legal name or that of the business.
For sending, the Government of Quebec states that the original copy must be sent, by registered mail or by bailiff. “Whichever method you choose, you may later have to prove to the court that the formal notice actually reached its recipient.” So keep the Canada Post proof of receipt, or ask the bailiff for a copy of the record of service.
Keep a copy of the letter for your own file. In Small Claims, the formal notice is in fact one of the documents the Government of Quebec gives as an example of exhibits to file in evidence.
What to document
The letter itself, the registered mail receipt and the signed acknowledgment of receipt (or the bailiff's record of service), the expiry date of the deadline you gave, and anything the recipient replied.
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.
Open the application Up to 3 files, no card · see the plans
Official sources
Related questions
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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.