Extrajudicial Notification - Trevisan, Carvalho & Trevisan

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.

Frequently Asked Questions

Check now the most frequently asked questions about our solution.

What is the main information that should be included in an Extrajudicial Notification?

First of all it is necessary to provide the personal data and addresses of both parties, the party sending the notification and the party receiving it. It is necessary to clearly describe the history of events that gave rise to the conflict and the reasons why the party believes it is right to file the notification. Inform the measures requested regarding the conflicting situation, as well as establish a deadline for compliance with the measure. If sent by mail, it is advisable to always send the notification with AR (Acknowledgement of Receipt) and a copy, so that the notifying party has documents to prove the contents of the notification and its delivery. If sent by the Notary Public, it is necessary to print the Extrajudicial Notification in 2 copies and to be signed by the sender.

How are Extrajudicial Notifications delivered?

There are several ways to notify a person. The two best known and advisable are the Extrajudicial Notifications sent through the Notaries Public or the one sent by the Post Office. The Extrajudicial Notification sent through a Registry Office requires, first, that the content of the notification be registered with the Notary and, subsequently, the agency itself is responsible for delivering it to the addressee. After delivery, the Notary Public must issue a certificate attesting to the delivery or refusal of receipt. The other way is to send the notification by mail, always with an AR (Acknowledgement of Receipt) and a copy, which has the same function as the certificate issued by the Registry Office.

What happens if the recipient refuses to receive the notification?

If the addressee refuses to receive the notification, the Notary Public or the Post Office, through the AR, should note the denial of receipt, which in the future is proof that there was an attempt to resolve the conflict.

Is the recipient party obliged to respond to the Extrajudicial Notification?

No. The Extrajudicial Notification is not like the initial petition of a lawsuit which, if not contested, is presumed to be true the facts alleged by the petitioner. It simply has the purpose of constituting the other party in default, i.e. informing that the notified party failed to comply with an obligation that in its view should have been fulfilled in a certain manner or within a certain period of time. If there is no response to the Notice, the notifying party must initiate legal action and only then, what it alleges will be presumed to be true if the other party does not manifest itself. In this case, the Notification may only have served to comply with the legal requirements preceding legal action in some situations.

Customer testimonial

TCT's legal consultancy in the corporate area helped us to define a fair and functional social contract, as well as the Partners Agreement, an important document that makes clear the roles and responsibilities of each partner, as well as serving as support for any questions regarding the company in general.

Hugo Ferreira

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