In the event of a dispute, it is not always necessary to immediately initiate legal proceedings.

A preliminary step may be decisive: the formal notice.

Why is it essential?

Formal notice is a formal request addressed to a party who does not comply with its obligations (payment of an invoice, contract performance, non-compliant delivery, etc.).

It is a last opportunity to regularize before considering more restrictive actions.

It allows in particular to:

Clarify the situation

with a precise reminder of the unperformed obligation

Set a mandatory deadline to act

Provide a legal framework

by creating legal effects (in particular for calculating interest for late payment or liability)

Prepare legal proceedings

by demonstrating that all amicable steps have been taken  

The essential elements of a formal notice

To be legally effective , a formal notice shall contain :

✅The identity of the creditor and debtor

✅ A clear reminder of the obligations not fulfilled

✅ A precise deadline for compliance

✅ An express statement that it is indeed a formal notice

✅ The consequences of inaction (legal proceedings, termination of the contract, penalties, etc.)

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An asset for avoiding litigation

A well-drafted formal notice sent by a lawyer may be sufficient to unlock the situation, without the need for legal proceedings.

It is a fast, effective and inexpensive solution to assert your rights.

You are faced with an unpaid or contractual dispute?

Do not wait to act: contact me to obtain a formal notice adapted to your situation.

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