You must communicate with a debtor in writing before phoning him or her.

Written notice

The 1st time you communicate with a debtor, you must do so by sending him or her a written notice, in paper format. This notice is called a "Notice of Payment." It must comply with Form N-41 of the Regulation respecting the application of the Act respecting the collection of certain debts.

Telephone communication

You may phone the debtor 5 days after sending the written notice. You are not allowed to do so before then.

When making the call, if you are speaking with the debtor, you must:

• provide your identity and that of the collection agency you are representing;
• provide the collection agency's permit number;
• mention the amount of the debt and the name of the creditor.

If you cannot speak with the debtor directly, you may leave a message with the person who takes the call. Your message must indicate the name and telephone number of the person the debtor must contact.

You may not mention:

• that the debtor is in debt;
• that the call is about debt collection.

Notice not received

If the debtor informs you that he or she has not received the written notice, you must send another one. You may communicate with this person 5 days after sending the new notice.

After the 1st communication

The law prohibits you from:

• communicating with a person who indicated to you, during the 1st contact, that he or she was not the debtor;
• communicating directly with a debtor who has notified you in writing to communicate with his or her attorney.

Top of page