Notarial letter – What it is, definition and concept

A notarial letter is a type of communication that confirms the notification of a fact through a notary public. Thus, the notary, by his own figure and functions, attests to the communication and its delivery, which leaves proof of its dispatch and receipt.

In other words, a notarized letter is a document that leaves an official record that a message has been sent and received.

This type of letter is considered reliable, that is, it attests to a fact and gives it certainty.

In the legal field, this expression is used in procedural law and in notarial law. This notarial letter records the receipt of the communication and is irrefutable. It does not record that the recipient has read the document or has verified the fact that it is communicated, it simply certifies its dispatch and receipt.

This document does not have to be done by the notary himself. It can also be made by the person who is interested in making this communication and the notary will later sign and certify it so that it becomes a notarial letter and can enjoy all its advantages.

This notification is reliable and is very important precisely because it attests to the receipt of the communication. In other words, it is the way to demonstrate that a person has received communication of a modification of contractual conditions, a fine, a dismissal, or even a cancellation of a lease, for example.

This notarial letter will have an associated cost, since it includes a notarial signature and, therefore, the use of your public faith.

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Notarial letter in a lawsuit

In the trial, this notarial letter will be a document that will give certainty of a communication. This will support the claim of one of the parties that alleges that the other party did know the specific fact or the specific legal matter.

This notarial letter can be provided as a document both for a claim and for the answer to a claim and is considered a reliable document.

The fact that it is considered a reliable document does not mean that it cannot be challenged. If this is contested, it will be compared with the original document in order to verify its authenticity. But it must be understood that the challenge of a reliable document is not made from what that document contains, but from its possible falsity.

Use of the notarial letter

This letter is usually used by the user when he needs to record a fact or act in accordance with the law. For example, for a dismissal which is necessary to reliably notify the worker. The employer may use this communication system so that the notification is recorded and certain.

It can also be used for contracts that create reciprocal obligations, for example, a debt contract. If a person does not pay their installments to repay the debt, the lender may notify through the notarial letter that the fact of non-payment begins to generate interest from the moment of notification. Or you can report the time that the debtor has to pay off the debt.

This letter usually marks the beginning of a calculation of the term from when it reaches its addressee. This, for the payment of a fine, the reduced payment during a period of an administrative offense, the time that the recipient will have to leave a leased real estate, etc.

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The notarial letter must contain: full name of the addressee and address, and the term that the notified person will have to comply with the request or that they will have to appeal or challenge the resolution communicated. Copies of this letter will be made for the person interested in making this type of communication and another for the notary himself.

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