What is an Extrajudicial Notification?
To notify is to provide incontrovertible proof that the person who is to be served with the document has received or become aware of the contents of the document. Thus, the notified party may not allege ignorance of the document or its contents, nor may he absolve himself from fulfilling his obligations.
The Notification can be used to request the payment of some debt or debt, request the eviction of a property or just inform the other party about the consequences of some fact or occurrence, among other aspects that, if not solved, will certainly culminate in a lawsuit. In light of this, an important point of the Extrajudicial Notification is the chance that is given to the notified party to retract and correct the impasse before a lawsuit is initiated.
How can the use of the Extrajudicial Notification tool help you?
Several are the objectives that can be solved by the Extrajudicial Notification, such as resolving a conflict with a neighbour or even to request some document from a public agency or company. The solution of the demand without the need for high judicial costs, wear and tear and delay of a lawsuit, certainly are some of the positive points of sending an Extrajudicial Notification.
If prepared by a specialist, the Notification has good chances of having the desired effect, within the period stipulated in the notification and the conflict be solved as soon as possible. Certainly, the use of this tool serves to bring the parties to the negotiating table and show the strength of arguments that will be used in court, in case the other party insists on continuing with the unwanted conduct.
Currently, judges appreciate seeing that the parties have sought composition before turning to the judiciary, demonstrating that they are not there unjustifiably, but as a last resort, making Extrajudicial Notifications an essential part of any treatment of a conflict.
What are the differentials of the TCT in the use of Extrajudicial Notifications?
The firm is experienced in advising clients and companies who wish to give extrajudicial notice to the other party in order to reach an agreement. Through its team of experienced lawyers, TCT is able to bring together all the practice areas of law and, together and observing all the aspects involved, find a way to resolve the demand. The Extrajudicial Notices are prepared as pre-judicial instruments, with strategy, many elements of fact, proof and law, showing the other party the difficulty they will face with the case, in case they resist a good negotiation.
The firm has already been very successful in "defusing" conflicts involving high values by using this tool and reaching great agreements for its clients, completely avoiding the judiciary. Some examples of these situations: challenging undue contractual adjustments, proving that delays in project delivery occurred due to the contractor's fault and that withheld amounts should be paid, non-disclosure of sensitive business documents to a partner who was also a competitor in another business, etc. Get in touch.