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Czech Republic: letter of claim as mandatory step prior to filing a lawsuit

Czech Republic
09/01/2013
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As of 1 January 2013, companies and individuals who wish to initiate civil court proceedings must always first send the defendant a letter of claim and provide him with a period of at least 7 days to voluntarily satisfy the claim. The letter should be sent to the claimant’s delivery address or to the last known address where the claimant could be reached. If no letter of claim is delivered to the defendant, the claimant shall not be eligible for reimbursement of its costs of the civil proceedings, unless exceptional reasons arise.

While sending letters of claim before filing a lawsuit has been a rather common practice in the Czech Republic, no express obligation to do so arose.

The newly introduced regulation also imposes the need to prove to the court that the letter of claim was duly sent. For this purpose, the claimant may need to retain a copy of the letter and a delivery note.

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