Notary Letter of Invitation
In many occasions the letter of law requires me, in order to be able to sue another person – my debtor – to have sent them a letter of invitation to perform a contractual obligation. Undoubtedly, this is an expression of law’s democratism. However, there are some details, I need to be well familiar with.
What is a ‘notary letter of invitation’?
The notary letter of invitation is generally not compulsory but there are no occasions where it is. It brings additional security to my relations with the other person. In its essence, the notary letter of invitation is my official statement of willingness directed towards a particular subject. The notary letter of invitation has a an probative value that binds its recipient.
The Advantage: Without any doubt the Court can establish the date on which the other person has received the notice.
The Disadvantage: Fees to pay the notary shall remain at my expense.
Who can send a notary letter of invitation?
A notary letter of invitation can be sent by any legal entity or natural person. It must be made by a notary and it is delivered by the notary to the recipient (this could also be done by a directly subordinated to the notary person, working in the law office). In order for the notary letter of invitation to have its probative value, it must be prepared by a notary, who has the necessary legal capacity and authority. The choice of notary, however, remains personal.
Hint: The law does not oblige me, but it would be better to chоose a notary whose range of action coincides with the recipient’s address.
In which instances I could use a notary letter of invitation?
There is no strict rule or legal limitations. I can use a notary letter of invitation whenever I feel it is needed. But here is some advice for the cases when the established convention shows the necessity of using a notary letter of invitation:
- I and another person have a concluded contract (e.g. loan of property or loan of money), but the particular contract has no agreed maturity date, that is, we have not agreed with the other person as to when they must return my property or my money, when exactly is the date when they will perform their part of the contract. In such case, the sum becomes due after an invitation. One of the legal consequences from the demand of the sum, i.e. the performance of the deed, are the interest starting to accumulate from that moment on.
- In case I would like, for instance, to terminate the contract with the person who continuously and unreasonably does not perform his obligations under the contract. Then the law requires me, in many of the instances, firstly to give the other party to the contract an additional term to perform. Even in that case, it is hard to prove I had given the party that term, if I had done this without the relevant letter of invitation.
- Or in case when simply the debtor has defaulted the payments – then an invitation can be sent as well, provided that it has the relevant reminders and requirements.
- I can use the notary letter of invitation when I address a warning, answers or announcements – in a nutshell, I can use it in connection with any lawful civil or commercial relations I have with other persons.
The important thing about a notary letter of invitation is its probative value and the credibility it gives to the date of the letter receipt. The most appropriate occasions for using the notary letter of invitation are those, when in a subsequent event I will find it difficult to prove that the particular statement has reached the other party (that is, the recipient in a case of sending the notary letter of invitation).
What should I do if I want to send a notary letter of invitation?
The notary letter of invitation is sent through a notary. Firstly, I have to make an oral request to the notary, whose services I would like to use. This must happen in their law office. The notary ascertains my identity and commences the procedure on preparing and sending the letter of invitation. My signature does not follow to be notarized, hence I can be presented by another person, my representor. The notary then guarantees and certifies only and solely the sending and the receipt of the letter of invitation.
NB! The notaries are officials, who are bound to keep all the circumstances they have witnessed, during the execution of their deed, related to my personal life and they have no right to use them for their own or for some others’ advantage.
(*) This article aims to outline some of your main rights while it has no claims on being a legal advisor. If you have any difficulties with the execution of these main rights or your case is more complicated, we advise you to consult a legal expert (*)
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§ The Notary Act