When and how to file a pre-litigation notice

First call for repayment

First of all, it should be made clear that not every demand is immediately a ‘ pre-action demand’. Sometimes it is necessary to call on the other party first to perform the debt itself or to set a deadline for its repayment. This will be the case, for example, if you lend money to someone but do not agree on the exact date by which it is to be repaid. Then you must first ask the debtor to pay the debt within a set period of time. If he or she does not do so voluntarily within the time limit, you already have a claim against him or her which you can take to court. If the due date has already been clearly established, e.g. from an invoice, you do not have to ask the debtor to pay the debt separately.

Send a reminder

The next step can be to send a reminder to pay the amount owed. We all make mistakes sometimes and it is possible that the debtor has simply forgotten about the debt. The ideal time to send a reminder is a few days to weeks after the invoice is due. The exact time depends on you, your relationship with the debtor and also whether it is a recurring problem (for example, if the debtor has ongoing problems with late payment of debts). It is usually recommended to send a reminder about 7 to 14 days after the due date. It is also possible to send the reminder repeatedly, always with a little more urgency.

The following information should not be missing from the reminder:

• Clearly labelled: ‘Reminder of unpaid invoice’ should beclearly stated in the heading.
• Invoice details: if it is a reminder for an unpaid invoice, then be sure to include specific details about the invoice, such as the invoice number, date of issue and amount.
• Due date: The exact due date must not be missing.
• Specify the amount: Indicate how much the balance owed is, including any penalties or interest on late payment.
• Reminder of payment: Clearly and politely urge the client to make payment as soon as possible.
• Contact details: Include your contact details for any queries.
• Emphasis on consequences: You can indicate what the consequences of non-payment may be, for example by mentioning the further steps you will be forced to take.

Reminder – sample

For example, a reminder to pay the amount due could look like this:

Reminder for unpaid invoice

Hello,

we would like to notify you of an invoice that remains unpaid:

Invoice number: INV-2025-001
Date of issue: 1 January 2025
Due date: 15 January 2025
Amount to be paid: 10 500 CZK

Invoice No INV-2025-001 issued on 1 January 2025 in the amount of CZK 10 500 is still outstanding. In accordance with our terms and conditions and applicable law, we remind you that statutory interest of 12% per annum is charged for each day of delay. This corresponds to approximately CZK 3.28 per day of delay.

The total balance of the debt to date is CZK 10,500. Please make payment by 28 February 2025 to minimise the total amount you have to pay.

If you have already made a payment, please ignore this message.

Sincerely,

Markéta Novotná
Accounting Department
ABC Ltd.
Contact details: +420 123 456 789 | marketa.novotna@abc.cz

Purpose of the pre-action notice

Once you have a debt that is due and you decide to pursue it through the courts, this is the right time to send a pre-action notice. Sometimes you may also see the term solicitor’s letter or solicitor’s letter used to refer to this summons, because creditors often have a solicitor represent them when drafting a pre-action summons and sending it to the other party. Let’s face it, most debtors are more impressed by a notice drafted and signed by an attorney as a serious threat than when the creditor itself repeatedly emails and calls them to pay the debt. It is obvious that the creditor is serious about collecting the debt. As stated above, the purpose of the notice is a kind of reminder or a last attempt to resolve the dispute amicably, but that is not the main reason for sending it.

We may also encounter the term notice pursuant to Section 142a of the Code of Civil Procedure orprocedural notice, which refers to the fact that the grounds for sending it are regulated in the Code of Civil Procedure. The latter provides that a plaintiff who has been successful in proceedings for the performance of an obligation is entitled to compensation for the costs of the proceedings only if he has sent a summons to the defendant at least seven days before filing the application to initiate proceedings to the address for service or to the last known address. This provision was intended to eliminate, in particular, cases where debtors were sued for small sums which they sometimes forgot to pay, but where the subsequent costs of the proceedings were then disproportionately high in relation to the amount owed. Thus, if the creditor reminds the debtor of the debt by means of a demand, the debtor still has one last chance to pay only the debt itself without additional costs. However, the sending of a pre-action notice is generally appropriate for all disputes concerning the fulfilment of an obligation.

Particulars of a pre-action summons

The pre-action notice must be sent to the prospective defendant or, if there is more than one defendant, to each of them. The summons must then specify the performance requested, in particular the grounds on which it is sought (e.g. contract, unpaid invoice, damages, etc.). If the claim is for monetary compensation, the amount must be quantified precisely. Sometimes the debt is a continuously increasing debt, in which case it is advisable to draw attention to this fact in the notice (e.g. that the next instalment is due and that if it is not paid on time, the debt will be increased by this amount). The content of the pre-action notice should then also include a request to fulfil the obligation or to pay the debt. Furthermore, it should also include a warning that the summons is a summons pursuant to Section 142a of the Civil Procedure Code and that if the debtor fails to fulfil his debt, the creditor is ready to take his claim to court. You can also explicitly state in the notice that in the event of court proceedings, the amount due will be increased by the costs, which will also be borne by the debtor. The Code of Civil Procedure also provides that the summons must be sent to the address for service or to the last known address.

The law also specifies the time limit within which the summons must be sent, namely at least seven days before the application to initiate proceedings is lodged. Importantly, the law only requires that the summons be sent to the debtor and therefore does not require service. It is therefore necessary to have proof of the sending of the summons to the debtor, which can be subsequently produced to the court, for any court proceedings. If the summons is sent by registered post, the proof of delivery will be the delivery slip. Of course, the summons can also be sent via a data mailbox, which can also be easily documented in the event of litigation.

If you have an outstanding claim which the other party does not want to pay voluntarily, please contact us and we will prepare a pre-action summons for you, which you will send on your behalf or we will send on your behalf to the other party. Sometimes the mere sending of such a summons is enough to settle the dispute and the actual court proceedings do not take place at all. However, we do not recommend relying on templates from the internet when sending notices or reminders, as it is not uncommon to find that an incorrectly conceived pre-suit notice can defeat the claim to recover the entire debt.

Summary

First, the debtor must be asked to repay, either within the agreed time limit or after the informal deadline if the due date has not been fixed in advance. The next step is to send a reminder, which should contain specific details of the debt and clearly call for payment. If the debtor does not respond even to the reminder, a pre-action summons comes next, which formally warns of possible litigation if the debt is not paid.