LEGAL COUNSELNEAR ME
Contract Disputes

How do you recover money owed to your business?

Before spending anything on recovery, assess whether the debtor can actually pay — a judgment against an empty company is worth nothing. Where they can, a demand letter resolves a substantial share of commercial debts, and the forum depends on amount: small claims for lower-value claims, superior court above the threshold, or arbitration if the contract requires it.

What to do next

  1. Assess collectability first

    Corporate searches, whether they are still trading, whether there are prior registered security interests. This determines whether pursuit is worth it, and it is the step most often skipped.

  2. Send a proper demand

    Set out the amount, the contractual basis, the documents, and a deadline. A lawyer's demand letter resolves a meaningful share of commercial debts at low cost — it signals you will actually proceed.

  3. Check the contract for the forum and interest

    An arbitration clause means court is not available. Also check contractual interest and cost-recovery provisions — they materially change the economics of pursuing.

  4. Watch the limitation period and consider security

    Limitation periods run from when the debt was due. Where you supplied goods or services on credit, registering a security interest or, in construction, preserving lien rights may give you priority a judgment never will.

Frequently asked questions

Is it worth suing?

Only if the debtor can pay. Search the corporation and check for prior security before spending on litigation — a judgment is not money.

Which court?

Small claims below the provincial threshold, superior court above it. If the contract has an arbitration clause, arbitration instead — courts generally enforce those clauses.

Can I charge interest?

If the contract provides for it, generally yes at the contractual rate. Without a term, statutory prejudgment interest applies, which is usually lower.

What if they've gone bankrupt?

You become an unsecured creditor and file a proof of claim. Recovery is usually minimal, which is why security registered up front matters so much.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

Dealing with this situation?

Tell us what happened and we will help you identify the type of lawyer who handles it.

By submitting, you agree to be contacted about your inquiry. This is not legal advice and does not create a lawyer–client relationship.

Top rated

Contract Disputes Firms Ready to Help

Independently verified — featured placements appear first.

Contract Disputes & Commercial Litigation counsel in Westmount

Westmount, Quebec
  • Contract Disputes
  • Civil Litigation

Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear contract disputes matters.

Where this is decided

All courts & tribunals