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Personal and Commercial Debt Claims - Collection of Delinquent Accountss
Specialized Lawyers in Quebec
Letter of demand
Accounts collection – Filing of a motion
Julien Ouellet, esq.
Bernier Fournier Avocats
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1. What is the main difference between a lawyer and a collection agency?
Lawyers can not send a letter to the debtor;
Collection agencies do hot have a Code of Ethics;
Lawyers work individually;
Collection agencies cannot litigate before the courts.
2. What is consensual justice?
Non-judicial, conflict resolution procedures;
A judgment rendered by a jury;
Justice before a referee (in sports);
It is the legal process that begins once the judge settles the dispute.
3. Before which body should you file an application for a disputed amount (without interests) of $75,000?
Court of Québec;
The Court of Appeal.
4. What is the maximum amount for an application to be admissible before the Small Claims Court?
5. What is the difference between negotiation and mediation?
Negotiation only applies to contracts;
Mediation focuses on breathing and staying calm;
Negotiation includes mediation;
The mediation involves surveys and media.
6. Who can draft a letter of demand?
Lawyers who have been mandated to do so;
Notaries and lawyers;
Paralegals, legal secretaries, lawyers and notaries;
Anyone who knows how to write.
7. What information must necessarily be included in a letter of demand letter?
Your age and marital status;
The deadline for responding;
The address of the person to whom the letter of demand is addressed;
The context of important facts.
8. When is the best time to send a letter of demand?
At most 3 to 15 weeks after the payment due date, the accident or any other source of dispute;
Up to 1 year after the default of payment or after the event took place;
Up to 5 years after the default of payment or after the event took place;
Up to 10 years after the default of payment or after the event took place.
9. Which is not the recommended means to confirm the reception of a letter of demand?
By registered mail;
Delivering it by hand to the person being served, if you manage to get his or her signature to confirm reception;
10. Which of the following statements is not an advantage of sending a letter of demand through legal channels for debt collection?
Demonstrating the seriousness of the claim to the opposing party;
Having the accounts of the opposing party frozen;
Having certain legal fees reimbursed if you win your case;
Opening the door to negotiations.