What is a mise en demeure (formal notice) and how do I send one?

✓ Verified answer Written from official pages, with checked citations and a verification date.

General information, not legal advice. A mise en demeure (formal notice) is an official letter that orders its recipient (a merchant, a person, a business) to do or not to do something, following certain terms and within a set time. It lets you explain what you blame the recipient for and what they can do to settle the matter without going to court. Sending it does not oblige you to sue afterwards, and the recipient is not obliged to act. You can write it yourself, without a lawyer, then send it in a way that lets you prove it was received.

Share : WhatsApp Email Facebook

Key facts

Definition: An official letter that orders the recipient to do or not to do something, following certain terms and within a set time.
Is it mandatory?: In some types of lawsuit, yes: not having sent one can make you lose your case. If in doubt, send one or consult a lawyer. For a hidden defect, a mise en demeure letter can replace the written notice to the seller.
Deadline to give: A 10-day deadline is considered reasonable. If you give none or it is too short, the person is still entitled to a reasonable time.
How to send it: Registered mail or bailiff (OPC and Justice Québec). The Tribunal administratif du logement adds email with an acknowledgement of receipt and hand delivery against a signature.
Time limit to send it: There is no time limit to send a mise en demeure, but the law sets a limit for suing (prescription).
Keep: A copy of the letter and the proof of receipt.

Your procedure, step by step

Start the official procedure Official page: Mise en demeure (Québec.ca, Justice and civil status) (opens in a new tab)https://www.quebec.ca/justice-et-etat-civil/petites-creances/poursuivre/etapes-demande/mise-en-demeure

Before writing, try to negotiate. For a problem with a merchant, the Office de la protection du consommateur (OPC) suggests negotiating with them first. For some subjects (reasonable duration of a good, delivery, non-conformity, warranties), the OPC also offers a downloadable information kit that guides you through the steps.
Write a letter. A mise en demeure is a letter, not a Ministère de la Justice form. You can write it yourself or ask a lawyer to do it. The law does not say what elements it must contain, but it must be in writing.
In the heading, put: the place and date, the recipient's name and address, the words "SOUS TOUTES RÉSERVES" (all rights reserved), the subject "mise en demeure" and the way you are sending it (for example "by registered mail" or "by bailiff").
In the body of the letter, summarize the problem, state clearly what you want to settle it, set a deadline (10 days is generally considered reasonable) and say what will happen without a response, generally legal proceedings. Add your contact details and signature. Keep it short: no more than a page and a half.
Send the original in a way that gives you proof: registered mail, bailiff or, according to the Tribunal administratif du logement, email with an acknowledgement of receipt or hand delivery against a signature (or in front of a witness). Always keep a copy of the letter and the proof of receipt (Canada Post's, or the bailiff's report).
Wait for the answer within the deadline you gave. The recipient is not obliged to act. If they do nothing, you can decide whether or not to sue; for a consumer dispute, the OPC points to the small claims court or the Civil Division of the Court of Québec, depending on the amount claimed.

Your progress is kept on this device only: nothing is sent to Demande au Québec. Some steps only apply in certain situations: skip the ones that do not concern you.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.

Sources

Mise en demeure (petites créances) (Québec.ca (Justice et état civil))
Faire une mise en demeure (Office de la protection du consommateur (OPC))
Mise en demeure (Le logement) (Tribunal administratif du logement (TAL))

Checked on October 6, 2026. Rules, deadlines and fees can change: always confirm on the official page above. Demande au Québec is an independent website, not a government site.

Did this answer help you?

Thank you! Your answer helps us improve.

Has the official information changed? Let us know

Thank you, noted. We will check the official page.