Is it mandatory to put my neighbor in default by an extrajudiciary demand if I only want to sue him before the Small Claims Division on the Quebec Court ?

Did you know that maximum amount eligible for cases filed in the Small Claims Division increased this January 1st 2015 from $7,000 to $15,000 ?

Even though it is strongly recommanded to send an extrajudiciary demand to put the other party in default before suing the person, il is rarely mandatory. However, you should know that article 1596 of the Civil Code of Quebec states that « where the creditor files a judicial demand against the debtor without his otherwise being in default, the debtor is entitled to perform the obligation within a reasonable time after the demand. If the obligation is performed within a reasonable time, the costs of the demand are borne by the creditor ».

The extrajudiciary deman to put the debtor in default is often an easy, fast and lowcost way to fix a dispute. However, if the dispute continues and you have no other choice than intending legal procedures before the Small Claims Division, it is usefull to know that you could benefit from a free mediation session.

Our team can provide you this service. Do not hesitate to contact us for any question or to schedule an appointment with us.

Written by Me Roxane Trudel-Pigeon, Associate attorney