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==How do I write a demand letter?== | ==How do I write a demand letter?== | ||
You can write a | You can write a ''demand letter'', which is a letter that says how much the person owes you and tells them they must pay you. For example, a demand letter about a loan can say something like this: | ||
<blockquote>''I am writing about a loan I made you of'' ______________( | <blockquote>''I am writing about a loan I made you of'' ______________(amount) ''on'' ______________(date of loan) ''for'' ______________(purpose of loan). ''Our agreement was that you would pay this loan in full by'' ______________(date of repayment). ''To date, you have not made any payments. It has now been'' ______________ (number of days) ''since the loan was due. The full amount of'' ______________(amount) ''is now due. If I do not receive payment in full by'' ______________(give a date), ''I <span class="noglossary">will</span> take legal action to recover the amount of the loan, as well as interest, filing fees, and any other costs. If you have any questions, please feel free to <span class="noglossary">contact</span> me at''______________ (your phone number).</blockquote> | ||
You can write a demand letter yourself or you can ask a lawyer to write it for you. A demand letter sent on the lawyer’s letterhead is often very effective. If a demand letter does not work, you may need to go to court. | You can write a demand letter yourself or you can ask a lawyer to write it for you. A demand letter sent on the lawyer’s letterhead is often very effective. If a demand letter does not work, you may need to go to court. | ||
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==Getting legal help from a lawyer== | ==Getting legal help from a lawyer== | ||
If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to contact for help: | If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to <span class="noglossary">contact</span> for help: | ||
* '''Lawyer Referral Service''' is a program where you can get advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.To contact Lawyer Referral, call 604-687-3221 in Greater Vancouver or toll-free at 1-800-663-1919 from anywhere else in the province. More detailed information about the service is available on the [http://www.clicklaw.bc.ca/helpmap/service/1044 Clicklaw HelpMap]. | * '''Lawyer Referral Service''' is a program where you can get advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.To <span class="noglossary">contact</span> Lawyer Referral, call 604-687-3221 in Greater Vancouver or toll-free at 1-800-663-1919 from anywhere else in the province. More detailed information about the service is available on the [http://www.clicklaw.bc.ca/helpmap/service/1044 Clicklaw HelpMap]. | ||
* '''Access Pro Bono''' is a program for people who cannot afford a lawyer and who cannot get legal aid. Access Pro Bono offers clinics across BC where experienced lawyers volunteer to provide free legal advice. Call 604-878-7400 in Greater Vancouver or toll-free at 1-877-762-6664 from anywhere else in the province. More information is available on their website at [http://www.accessprobono.ca www.accessprobono.ca] or the [http://www.clicklaw.bc.ca/helpmap/service/1040 Clicklaw HelpMap]. | * '''Access Pro Bono''' is a program for people who cannot afford a lawyer and who cannot get legal aid. Access Pro Bono offers clinics across BC where experienced lawyers volunteer to provide free legal advice. Call 604-878-7400 in Greater Vancouver or toll-free at 1-877-762-6664 from anywhere else in the province. More information is available on their website at [http://www.accessprobono.ca www.accessprobono.ca] or the [http://www.clicklaw.bc.ca/helpmap/service/1040 Clicklaw HelpMap]. | ||
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===When should I speak to the lawyer?=== | ===When should I speak to the lawyer?=== | ||
''Do not wait'' until the day before trial before you start asking a lawyer about what to do in court. There are limits on the time you have to collect the debt through the court. | |||
[[File:ConsumerLawGuidePage9.jpg|200px|thumb|right]] | [[File:ConsumerLawGuidePage9.jpg|200px|thumb|right]] | ||
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* How did the debt come about? | * How did the debt come about? | ||
* What documents do you have that support your claim? | * What documents do you have that support your claim? | ||
* How much are you owed? | * How much are you owed? | ||
* What is the repayment plan? | * What is the repayment plan? | ||
* What information do you have about the ability of the debtor to pay? | * What information do you have about the ability of the debtor to pay? | ||
===How do I collect my money if the judge decides in my favour?=== | ===How do I collect my money if the judge decides in my favour?=== | ||
If the judge rules in your favour, the debtor is expected to pay up. But sometimes the debtor just ignores the judge. In this case, you may have to go back to court and ask the judge to force the debtor to pay the debt. For example, the judge can: | If the judge rules in your favour, the debtor is expected to pay up. But sometimes the debtor just ignores the judge. In this <span class="noglossary">case</span>, you may have to go back to court and ask the judge to force the debtor to pay the debt. For example, the judge can: | ||
* take money from the debtor’s wages, | * take money from the debtor’s wages, | ||
* have a court official seize the debtor’s property, or | * have a court official seize the debtor’s property, or | ||
* make the debtor come to court to explain why he or she has not paid the debt. | * make the debtor come to court to explain why he or she has not paid the debt. | ||
''Never try to take property or threaten a debtor. This is against the law.'' | |||
==Additional resources== | ==Additional resources== | ||
To find out more about debt collection law | To find out more about debt collection law, visit [http://www.debtrightsbc.ca Consumer Protection BC's Debt Information]. | ||
{{REVIEWED | reviewer = [[People's Law School]], 2013}} | |||
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