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Personal and Commercial Debt Claims - Collection of Delinquent Accountss
Qualified Lawyers in Quebec
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Letter of demand
Legal Advice
Negotiation
Accounts collection – Filing of a motion
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The team
Julien Ouellet, LL.B.
Bernier Fournier Avocats
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Test your knowledge
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?
Municipal Court;
Court of Québec;
Superior Court;
The Court of Appeal.
4. What is the maximum amount for an application to be admissible before the Small Claims Court?
$3 000;
$5 000;
$7 000;
$15 000.
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 bailiff;
By registered mail;
Delivering it by hand to the person being served, if you manage to get his or her signature to confirm reception;
By e-mail.
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.