This article deals with the law of the Slovak Republic and its application by Slovak courts and authorities.
A pre-litigation notice is the final step before filing a lawsuit in court. It is an official letter in which you call on the other party to fulfil their obligation – most often to pay a debt, return money, or remedy damage. Many people underestimate this step, yet a well-written notice can resolve a dispute even before court.
Why is it so important? First of all, it gives the other party a clear and final opportunity to reach an agreement. It also documents that you tried to resolve the matter amicably, which may influence a later court decision on reimbursement of the costs of proceedings. In practice, many disputes are resolved right after such a notice is delivered, because the counterparty realises the seriousness of the situation.
A good pre-litigation notice should clearly state who is sending it and to whom it is addressed, what claim or entitlement is involved and what it arises from. It should further contain the exact amount owed or a description of the required performance, a reasonable deadline for compliance, and a warning that in case of non-compliance you will pursue the matter through the courts. Clarity and substance are key – the notice should not intimidate, but communicate clearly.
The method of delivery also matters. It is recommended to send the notice in a way that lets you prove it was sent and delivered, for example by registered mail with a delivery confirmation. If the dispute ends up in court, you will need evidence that the other party actually knew about the notice. Therefore, keep a copy of the notice as well as the postal receipts.
Common mistakes arise when the notice is too general, lacks essential details, or is worded unclearly. Such a notice loses its effect and the counterparty may ignore it. That is why it pays off to devote attention to its preparation or consult a professional, especially in cases involving a higher amount or a more complex matter.
If you are considering sending a pre-litigation notice or are unsure how to proceed correctly, we are happy to help. At Kohút & Partners we will prepare the notice for a fixed price and respond to your inquiry within 24 hours. Get in touch and let us resolve your dispute sensibly – ideally before it reaches court.