8,420
edits
Changes
→Additional resources
{{Law-Related ESL Badge|lessonname= Consumer Law Wikibook TOCLesson Module}}
Suppose you loaned someone an amount of money. They promised to pay the debt within three months. But they did not pay the debt.
==How do I write a demand letter?==
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'' ______________('''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.
==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 <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 <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].
===When should I speak to the lawyer?===
[[File:ConsumerLawGuidePage9.jpg | left| frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
===How should I prepare for meeting with a lawyer?===
* How did the debt come about?
* What documents do you have that support your claim?
* How much are you owed?
* What is the repayment plan?
* 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?===
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,
* 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.
''Never try to take property or threaten a debtor. This is against the law.''