Notary Letter of Invitation
Our lawyers may assist you with the preparation and presentation of a notary letter of invitation to another person – your debtor to perform a contractual obligation. For example, if you have sold a property to be paid in instalments and the buyer paid only few of the instalments, you may invite him to pay the outstanding instalments by presenting a notary invitation.
Your debtor has two weeks to respond to the notary invitation by agreeing to clear the outstanding immediately or propose a new plan of instalments. If the debtor does not respond to the invitation, you may apply for an “execution order” forcing the debtor to pay the outstanding debts immediately.
What is a notary letter of invitation?
The notary letter of invitation is an official statement of willingness directed towards a particular subject. The notary letter of invitation has a probative value that binds its recipient. Email reminders or invitations sent by registered mail do not bind your debtor. According to the Bulgarian legislation only the notary letter binds the debtor.
The Advantage: The Court can establish the date on which the debtor has received the notice.
The Disadvantage: Fees to pay the notary shall remain at your 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 lawyer or notary and it is delivered by the notary to the recipient.
In which instances I could use a notary letter of invitation?
There is no strict rule or legal limitations when to use a notary letter of invitation. The notarial invitation is mainly used:
- When you 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.
- To terminate a contract with a person who continuously and unreasonably does not perform his obligations under the contract. Then the law requires you, in many of the instances, firstly to give the other party to the contract an additional term to perform.
- Where the debtor has defaulted the payments – then an invitation can be sent as well, provided that it has the relevant reminders and requirements.
If your debtor is not responding to your calls or emails and avoiding an outstanding payment to you, please contact us for assistance. We will assist you to prepare and present a notary notice to your debtor binding him to respond to you within 2 weeks of receipt or force payment through a private enforcement agent.