Pre-suit notice

What can we do for you?

As we mentioned above, the pre-action notice serves as a final warning before a lawsuit. Most debtors will be impressed by a notice drafted and signed by a solicitor as a more serious threat. As a solution, it is much more effective than the creditor itself repeatedly emailing and calling them to pay the claim. Its purpose is a last ditch attempt to amicably resolve the dispute, but that is not the main reason for sending it. The advantage is that it can be done without having to file a lawsuit, pay a court fee, and risk paying the other side’s litigation costs. In addition, sending the notice properly is a condition of being able to claim the costs of the proceedings if you are successful. It is therefore never a case of money wasted.

What does a pre-action notice protect you from?

Its effect is mainly psychological and usually protects you from long weeks of recovery. A pre-suit notice prepared by a lawyer brings an additional advantage. It is drafted with a view to a possible future action and therefore the wording already corresponds to the subject matter of the possible action. This can also significantly help protect the client’s interests in the future.

What are the elements of a pre-action notice?

The notice must identify the potential claimant and the defendant. It must also specify the cause of action (loan of money, etc.), i.e. the legal title. If the claim is for money, it must be precisely quantified. Sometimes it is a debt which is continuously increasing, in which case it is advisable to draw attention to this fact. The point is, of course, to invite the other party to fulfil the debt. As stated above, the demand should reflect a possible future legal action.

Not a challenge is a challenge

Not every challenge can be considered a pre-action challenge. Sometimes it is necessary to call on the other party first to perform the debt itself or to set a time limit for its payment. This would be the case, for example, if you lend money to someone but do not agree on a precise date by which it should be repaid. A pre-action summons can be resorted to if you have an outstanding claim that the other party does not want to pay voluntarily.

How does cooperation work?

• The first contact is always made online via our web form. In it, you describe your situation and the request you have for us in this context. You will then be contacted by one of our solicitors to obtain any further details you require.
• In the first option, we will then assess the claim and prepare a strong letter, but this will be sent informally by you as the creditor once the comments have been dealt with.
• In the second option, the attorney will also prepare a power of attorney and send the notice himself. Based on our internal statistics, we have verified that more than 70% of cases are then quickly settled or at least partially settled.

What have we already helped our clients with?

• We have accelerated the payment of a debt to Mrs. Martina, who lent several tens of thousands to her colleague at work.
• We got a man who sold a defective car to Mr. Tomas to negotiate and resolve the situation and did not respond to Mr. Tomas’ calls and complaints.
• We forced a doctor who falsely reported a medical procedure allegedly performed on a famous actress to remove the false information from her website.
• We got the construction company to refund the deposit to Mr. Antonin for laying a floor that had such fundamental and irreparable defects that it required a completely new installation.
• We secured the release to Ms. Kamila of family valuables that had been wrongfully withheld by her ex-husband after the divorce.
• On the basis of a pre-suit demand, Ms. Katerina’s employer paid the severance pay that he had sought to avoid by offering a severance agreement.

Why use the services of an Dostupný advokát?

• The document is prepared by licensed attorneys – so you can be sure it complies with current law.
• Quality we stand for – you will always be attended by a specialist lawyer who understands the area and has prepared many dozens of pre-action challenges.
• We eliminate all legal risks – we will alert you to all possible complications.
• We will prepare the challenge according to the client’s specific requirements.

Client Service Guarantees

If you believe that another person has violated your rights, but the person does not want to admit it, a lawsuit and subsequent proceedings will reliably bring certainty to your rights. However, it is far from always necessary to take the whole thing straight to court.

As a rule, a pre-litigation notice will guarantee you a quicker, more efficient and significantly cheaper solution. Our attorneys will guide you through the entire process and suggest a course of action that will be necessary and effective in the given situation. Depending on the reactions of the opposing party, you can also proceed amicably or, if appropriate, suspend the enforcement at any time.