Pre-action letter (předžalobní výzva)

With a monetary debt, court costs are also at stake

§ 142a of the Code of Civil Procedure deals with costs in proceedings where you seek performance of an obligation. As a successful claimant, you are in principle entitled to have your costs reimbursed by the defendant only if you sent the letter at least seven days before filing the claim. It is sent to the defendant’s service address or, failing that, their last known address. The law allows an exception for reasons deserving special consideration.

So you can usually file a claim without a letter. But it will make a real difference to who bears the costs of the proceedings – which is a separate question from whether the debt actually exists.

What to include in the letter

Identify both parties, the lease, what you are demanding and why. For a debt, itemise the amounts and periods, the original due date, where to pay and the deadline for putting things right. Keep the principal separate from interest and other related charges. Keep a copy of the letter and proof that it was sent to the correct address.

To give you an idea: instead of “you owe us money”, state which monthly payment is missing and how you calculated the amount. The debtor can then either pay that specific debt or show why the figure is wrong.

A demand to vacate follows different rules

For an eviction order, § 175a requires a written demand at least 14 days before the claim is filed, and it must be attached to the claim. This is a different condition from the seven-day rule on costs. A notice to remedy before termination without a notice period under § 2291 of the Civil Code is also assessed separately. A single general letter may not serve all these purposes.