Should I have my demand letter notarized?
In the Philippines, a demand letter is a formal notice sent to an individual or entity to request the fulfillment of a legal obligation, such as payment for services rendered. The question of whether to have a demand letter notarized often arises, and understanding its importance can significantly impact the enforceability and seriousness of the demand.
Legal Value of Notarization
Notarization involves the certification of a document by a notary public, a public officer authorized by the government to perform certain legal formalities. When a demand letter is notarized, it gains a higher level of authenticity and credibility in the eyes of the recipient and, potentially, the court.
While a notarized demand letter is not a mandatory requirement for the letter to be legally valid, it can serve as compelling evidence that the letter was indeed issued by the sender on the date specified. This can be particularly important if the matter escalates to legal proceedings.
Perceived Seriousness
Notarizing a demand letter also sends a strong signal to the recipient that the sender is serious about the demand and is prepared to take further legal action if necessary. This added formality can sometimes prompt quicker compliance, as the recipient may perceive the situation as more urgent.
Potential Use in Court
In the event that the matter is taken to court, a notarized demand letter can be presented as evidence. The notarization provides an extra layer of proof that the demand was communicated formally, which can help establish the timeline and the good faith efforts of the sender to resolve the issue amicably before resorting to litigation.
Conclusion
While notarizing a demand letter in the Philippines is not strictly necessary for its validity, it offers several advantages, including enhanced credibility, perceived seriousness, and potential legal benefits. For these reasons, it is often advisable to have the letter notarized, especially when dealing with significant amounts or when the likelihood of legal escalation is high.