The creditor must invite the debtor in writing to service the debt at least 7 days before the lawsuit is filed. The debtor also often complies only on the basis of a pre-trial challenge.
The pre-plea phase occurs after the due date (maturity) of the obligation, and lasts until the filing of the claim. The motivation of both parties is to resolve the mutual dispute before the lawsuit is filed, which usually means increased costs on both sides, not to mention the cost and duration of the entire legal proceedings. The whole procedure (up to the final decision after recourse to appeals) lasts on average several years, which is also the cost of the proceedings themselves.
The pre-trial phase primarily serves to send a pre-trial reminder to the debtor. If the prospective claimant does not do so at least 7 days before the filing of the claim, he or she is not entitled to reimbursement of the costs of the proceedings in case of success before the court (in practice, however, the courts usually award costs if the debtor fails to pay even within a reasonable time after the application is filed). A pre-plea challenge also often induces the debtor to voluntarily fulfill the obligation.
The pre-action notice should also contain a sufficient factual and legal specification of the defendant's claim and it is advisable to deliver it in a demonstrable manner (by post, data report or courier) in order to easily prove its timely dispatch.
