Formal notice definition
Whether it’s a construction, condominium or judgment notice, a formal notice in Quebec is a formal notification sent to a person or company that has failed to fulfill an obligation or contract. It serves to inform this party that it must fulfill its commitment within a specified timeframe, failing which legal action may be taken against it. The formal notice can be sent by extrajudicial letter (request) in accordance with articles 1594 al.2 and 1595 of the Civil Code of Quebec (hereinafter C.C.Q.). It can also be sent online using a formal notice letter. In this article, we’ll explore how to make a demand letter 100% online in Quebec, respecting the legal requirements of the Civil Code and the required procedures.
Essential elements of the formal notice
First of all, it’s important to understand the essential elements of a formal notice. Under article 1457 C.C.Q., a formal notice must be addressed to the party responsible for an obligation, and must contain certain mandatory information, such as a clear description of the situation in question, the nature of the breach, the deadline for rectifying the situation and the consequences of non-compliance. A formal notice must be clear, concise and detailed. See our page on legal hypothecs.
How do I send a formal notice online?
To write an online demand letter in Quebec, you can use a demand letter template that complies with Quebec legal requirements, and includes the mandatory elements listed above. It is also important to mention that the formal notice must be sent in such a way as to prove its receipt, either by registered post with acknowledgement of receipt, or by e-mail if the recipient has expressly agreed to electronic communication. It is advisable to keep a copy of the formal notice.
To send a demand letter online, we recommend using an online mail service such as Canada Post, which allows you to send registered letters with proof of receipt. If the formal notice is not complied with, a bailiff can be called in to initiate legal proceedings to enforce the rights of the injured party.
How to write a formal demand letter
To write a formal notice 100% online, start by drafting the formal notice letter. The letter must be clear and concise, and contain all the necessary information, including the contact details of the party to be put on notice, a precise description of the obligation or damage, and a reasonable deadline for performing the obligation or repairing the damage. You can also add a “without prejudice” clause to protect your rights in the event of non-compliance.
How to send a formal notice by e-mail
If you decide to send your formal notice by e-mail, you must first draft a formal notice letter. Next, you must add the words “without prejudice” or a similar phrase to the e-mail to indicate that you reserve your rights in this matter. Clearly state why you are sending the formal notice and set out the facts that support your request. Give a reasonable period of time for the recipient to respond to your formal notice, usually 10 to 30 days. End the letter with your contact details and signature. Once the letter has been drafted, e-mail it to the recipient. Be sure to keep a copy of the formal notice.
It is important to note that certain situations require you to send a formal notice by registered mail with acknowledgement of receipt. If you have any doubts about the appropriate shipping method, please contact us for more information.
In conclusion, how to send a formal notice online
In conclusion, sending a formal notice online in Quebec can be a practical solution for resolving a dispute in accordance with the legal requirements of the Civil Code. By using a formal notice template and sending the letter by registered post with acknowledgement of receipt, or by e-mail with the recipient’s consent, you can protect your rights in the event of non-compliance. You can use our online legal mortgage software to help you draft the demand letter.
