Formal notice: an essential prerequisite for the amicable resolution of disputes
The formal notice is an essential legal instrument in the toolkit of any lawyer.
In the context of disputes that may arise between two parties, this approach often constitutes a necessary prerequisite before any legal action. Indeed, it offers a final opportunity to resolve a dispute amicably. This procedure therefore has the advantage of avoiding legal costs and obtaining a rapid solution.
But how to write this type of letter and what should be included?
1. What is formal notice?
The formal notice is a formal letter sent by one party (the creditor) to another party (the debtor), demanding a sum of money or asking them to perform a contractual obligation.
The purpose of the formal notice must be clearly defined and precise to be valid: request for documents, a sum of money, an obligation to perform.
For example, if you wish to request elements or produce supporting documents, these must be clearly stated. In the context of a dispute against a promoter in the event of delay VEFA, you will be asked to produce proof of delay. In the context of a dispute due to poor workmanship, the manufacturer or company will be asked to come and lift the reservations or correct the faulty workmanship or in the event of abandonment of construction site.
Another example, within the framework of a commercial partnership, the supplier will put the debtor on notice to pay the invoices sent and remaining overdue.
2. The importance of the amicable procedure
Above all, it is essential to favor the amicable route.
Me Zakine, recognized for his proximity, availability and responsiveness, works throughout France. Although registered with Grasse Bar, he travels according to the needs of his clients.
His desire to always find an amicable solution is a guarantee of his professionalism.
3. How to write a formal notice?
Firstly, it is a registered letter with acknowledgment of receipt which must include a subject: “formal notice to…. »
Word choice is crucial. A formal notice must be sufficiently threatening to encourage the opposing party to respond, while remaining courteous. It must remind you of the deadline for responding and raise the possibility of follow-up in the event of no response.
4. Acknowledgment of receipt: a guarantee of security and proof in court
It is strongly recommended to send your formal notice by registered letter with acknowledgment of receipt. This ensures that the debtor cannot deny having received your letter.
5. The importance of a recovery
If the opposing party does not respond within the time limit, it is advisable to follow up.
This shows your determination to resolve the dispute amicably. It is a final attempt to obtain a reaction from the opposing party before moving on to the litigation phase.
6. Support from a lawyer: a major, more promising asset
Having a lawyer at your side in this process, such as Me Zakine, brings undeniable credibility and expertise.
Its role is not limited to drafting the letter, but extends to the overall dispute resolution strategy. His experience, his proximity, his availability and his responsiveness are all assets to guarantee the success of your efforts.
She supports her clients according to their wishes and needs and discusses with them what they intend to do or not do. She guides the case by choosing the best possible strategy, that is to say the one which will allow us to prosper in court.
Conclusion
La mise en demeure est une crucial step dans la résolution des litiges. Elle offre une chance de régler le problème à l’amiable, sans avoir à engager une procédure judiciaire coûteuse et longue. Toutefois, sa rédaction nécessite une attention particulière. La collaboration avec un avocat, tel que Me Zakine, garantit la pertinence, la force et l’efficacité de votre démarche.
The Cabinet de Me ZAKINE can help you to write the formal notice letter you need on all questions relating to real estate law, town planning and construction law and co-ownership law which generates on a recurring basis construction issues.
Votre intérêt est celui qui guide Maître Zakine. Master Zakine provides you with advice and assistance.
Using a lawyer means you can be sure that your rights are respected, and that the law firm you have chosen is specialised in the required field.The Cabinet d'avocat Zakine is based in Antibes registered with the Grasse Bar (the Nice Bar is next door). Maître Zakine advises on CannesGrassse, Mougins ) and throughout France.
Maître Zakine is used to working remotely (video, electronic signature, secure file exchange platform): calendly.com
The Cabinet Cécile Zakine is at your disposal