2010-03-18

The Demand Letter : a key element

Judge's hammer Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

The demand letter is a key element when a person neglects or refuses to fulfill its obligations toward you. A few examples: someone fails to pay a sum of money or fails to execute the work it has undertaken to do or does something that violates your rights ...

The purpose of the demand letter is to remind the debtor of the obligation to which it is held and to give him a clear period of time to execute it. The debtor is at the same time notified that if he fails to act, a legal action will be brought against him before court to force him to meet his obligations.

The demand letter is sent by registered mail or by bailiff to have proof of receipt.

If the debtor meets its obligations after the notice, your problem is resolved inexpensively. Otherwise, the notice will be very useful to the lawsuit, if only for the calculation of interests. In some cases a demand letter is required (e.g. hidden defects).

Although a private individual can write his own notice and send it on its own, it can be very interesting to send it by a lawyer. Indeed, a lawyer's letter tends to show your seriousness to enforce your rights and may put an additional pressure on your debtor to meet its obligations.