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How to Send a Formal Legal Notice

Unfortunately, the life of a freelancer or a self-employed worker can be challenging. Sometimes, finding your first clients or getting your payments can be burdensome. A formal notice can then be a useful tool in the case of a problematic situation. In this article, we will see what a formal legal notice is and how you can send one. <h3>What is a formal legal notice?</h3> Let us start with the beginning: what is <a href="https://educaloi.qc.ca/en/capsules/demand-letters-what-are-they/" target="_blank">a formal notice</a>? The term can seem scary, especially if you are unfamiliar with legal expressions. In sum, a formal notice or demand letter is a document whose primary purpose is to notify someone that you are ready to take legal action. The formal notice often includes what the person can do to fix the issue and avoid going to court. In other words, it is a formal warning to notify that you are unsatisfied with a situation and are ready to take legal action if it is not fixed quickly.  <h3>Why send a formal notice?</h3> There are many reasons why a freelancer or a self-employed person would need to send a formal notice, but the most common is getting paid. For example, the client says that the cheque has been sent for many weeks or they do not answer anymore. In these situations, sending a formal legal notice could be relevant. Of course, it is possible to send a formal notice for other reasons and types of conflicts (defamation, dissatisfaction regarding a purchased good or service, non-compliance with <a href="https://www.momenteo.com/blog/the-importance-of-having-a-good-contract-of-services" target="_blank">the contract of service</a>, intellectual property, etc.) It is important to mention that a formal notice is not mandatory; however, it is a tool with many advantages. Besides showing your seriousness and determination to have justice, it tells that you wish to resolve the conflict before going to court. Also, if you send a formal notice and need to go to court, the judge will most likely view the fact that you have tried to fix the situation by sending a formal notice. <h3>Who can help you write a formal notice?</h3> Please note that you have the right to write a formal notice yourself; everybody can do it. If you do not know where to start or have doubts, you can surely ask a lawyer to help you. Keep in mind that this service will not be free of charge, but it can look more professional to have the mention of a lawyer cabinet on your formal notice. As is the case with an accountant, a legal counselor could help you avoid costly mistakes. Many online tools can help you write a professional-looking formal notice; let us present our partner <a href="https://www.legalhood.com/service/ontario-demand-letters/" target="_blank">Legalhood</a>. This business provides various services, including assisting in creating and sending a demand letter. You only need to fill out their form, choose the most suitable option, and sign the document. You can also ask to communicate with one of their lawyers if needed. It is a good compromise if you want to send a formal notice quickly.  <h3>What a formal notice should include</h3> Now, what should a formal notice include? Remember that a formal notice should not be more than two pages long and that you must remain polite and mention only facts. It is common to use the following elements on your document. <ul> <li> Your address and date  </li> <li> The name and address of the receiver </li> <li> A mention that it is a formal notice in the object </li> <li> A mention that tells how the format notice is sent (for example, by registered mail or a bailiff) </li> <li> The words ”without prejudice” must appear on the document because if you go to court, it will allow you to add or explain some elements linked to your formal notice. </li> </ul> Then, summarize the situation concisely. Add the dates and reasons you are unsatisfied, and then offer a way to fix this and a response time. Finally, announce what will happen if you do not hear from the person within the deadline. Of course, you need to give a reasonable delay to ensure the receiver has sufficient time to answer you. Here is an example a self-employed person could use. According to the contract of service that both parties signed, it has been recognized that the payment must be made in a 30 days delay after receiving the final files. In this case, the payment must have been made on February 16th, 2022. Since I did not receive the payment on time, I am sending you this formal notice regarding the fees of $2000 plus taxes and interests. You have ten days to send a payment by cheque or credit card. If the situation is not resolved on April 1st, 2022, I will take legal action to retrieve my salary.  Finally, end the formal notice with your contact info and signature. If your letter is sent with attachments or to many people, add a mention about this at the end of the page. If needed, you can find many formal notices available online.   <h3>How to send a formal notice</h3> You have access to many options regarding sending a formal notice. The most important element to remember here is that you must prove that the receiver received the letter. You can hire a bailiff, use registered mail, or an email with a receipt confirmation. It is also possible to give the letter in person; however, you will need to get a signature from the receiver or witnesses to confirm the receipt.  In conclusion, it can seem intimidating to send a formal notice, but we hope that with this information, you will be able to do it if necessary. Regarding the payment, a good way to avoid problematic situations is to <a href="https://www.momenteo.com/blog/freelancers-should-you-ask-for-a-down-payment" target="_top">ask for a down payment</a> before starting working. It will allow you to see if your client is a good payer. Good luck with all this, and do not hesitate to hire a professional if needed.

Ariane