A formal notice, commonly referred to by some as a ” lawyer’s letter ,” is a letter where you ask another person to do or not do something formally. A formal notice may be sent to request the performance of a contract, the termination of a lease or the payment of a sum for damages.
How is a formal notice drawn up and a lawyer must be used to draft it?
The purpose of a formal notice
The purpose of a formal notice can be very varied. In particular, it may be sought that:
- someone is doing something;
- someone stops doing something;
- or warn him of an obligation or fact.
Given the nature of the formal notice, which is to denounce a situation, it should not be too long. We recommend that you do not exceed two pages.
As a result, we suggest that you do not be emotional and stick to the facts. In a formal notice, there is no room for comments and personal opinions.
The important thing is to be able to demonstrate to the court that:
- you have reported a situation to the other party;
- and that despite the denunciation, the other party has neglected or failed to resolve the breaches complained of within a reasonable time.
A formal notice can be an inexpensive way to resolve a dispute out of court or a way to protect your interests in the event of a lawsuit.
Tips for writing a formal notice
There is no specific form provided by law for a formal notice. However, it must be in writing, as the law provides that it cannot be done verbally. Even if it is not expressly provided for in the law, we strongly recommend that you write the letter of formal notice to the computer. Indeed, a handwritten letter lacks a lot of seriousness.
A formal notice must be concise and consistent with the state of the law that you wish to demonstrate. It is important to structure ideas well.
Here are some elements that should be included in your formal notice:
- The date and place of the formal notice;
- The name and contact information of the recipient;
- The mention “by bailiff” or “by registered mail”;
- The words “without prejudice” in order to protect you;
- The expression “formal notice” or “I put you on notice”;
- A summary of the facts;
- The nature of your request;
- A reasonable period of time to respond to your request, which is normally 10 days;
- Your name, signature and contact information.
Formal notice by a lawyer or by yourself?
There is no obligation for a formal notice to be drawn up by a lawyer.
However, a formal notice written by a lawyer often carries more weight and can demonstrate the seriousness of the situation to the other party.
A lawyer can also make your letter more specific and objective. It should be remembered that in the event of an appeal to the courts, the opposing party may use this letter against you.
In addition, a lawyer can ensure that the legal deadlines and legality of the things you request are met. Indeed, it may be that what you are asking for is not justified or reasonable.
At the tax level, we advise you to have it drafted by a lawyer if it is deductible in your tax expenses. It should be noted that an expense is deductible if you are a company or self-employed and this expense is incurred for the purpose of earning income. We refer you to your accountant for further explanation.
Some lawyers charge on time for the drafting of a formal notice, and others offer a flat rate to draft it.
Our firm accepts result-based pricing in the majority of our files and takes care of all the procedures, including the drafting of the formal notice, in the files we accept.
Who can send the formal notice?
The formal notice must be sent by registered mail or by bailiff. It is strongly discouraged to send a formal notice by email, as it is very difficult to prove receipt.
If you believe that the person will not pick up the formal notice sent to the post office or if he fails to pick it up, we suggest that you use a bailiff. Bailiff fees are usually very reasonable.
It is important to keep a copy of the formal notice for your file, as well as proof of receipt, either:
- Canada Post’s acknowledgement of receipt;
- or your report of service by bailiff.
Examples of letters of formal notice
You will find below models of formal notice in terms of insurance and contractual liability.
- Formal notice against an insurance company for non-payment of compensation;
- Formal notice against an earthmoving company for work not carried out;
For liability cases, a claims adjuster will contact you to begin preparing the defense. Accordingly, we recommend that you contact our office in such circumstances.
Please note that upon acceptance of a percentage file by our firm, you will not have to assume the costs of sending (bailiff fees) and drafting procedures. If you only need to draft a formal notice or a legal application, our team can also take care of it.
