When should we send a formal notice?

There is no single right answer to this question. The most appropriate one would be: when you think that the conflict situation has lasted long enough or when, legally speaking, your right to claim performance of the obligation from a third party is about to expire.

For example, it has been several months that you are trying to convince a friend to pay you back the $500 he or she owes you, and after several unanswered phone, you have had enough. Sending him or her a formal notice will then reveal the seriousness of your intentions and formally demand him or her to reimburse you, or else you will take legal proceedings. the simple act of sending a formal notice is often enough to persuade its recipient address the problematic situation.

It is important to remember that the law provides for a deadline to bring an action against a person. Such period is calculated from the occurrence of the facts giving rise to the dispute. This is called prescription. Sending a formal notice does not stop or suspend the prescription. So when the legal deadline for filing an action against a person is about to expire, it is recommended to act quickly and send a formal notice promptly in order to preserve your right of action against such a person.

However, if you decide to use mediation, negotiation or other means to resolve a dispute before bringing an action to Court, a written agreement can be signed between the parties to suspend, for a period of 6 months, the elapse of this time limit provided by law.