What is a recognition of notarial debt?
Definition
A recognition of notarial debt is a legal act established by a notary, by which a person called “the debtor” recognizes having a certain sum of money to another person called “the creditor”. It can take the form of a letter and include a reimbursement date. The recognition of notarial debt provides proof that the debtor undertakes to reimburse what he owes to the creditor.
Recognition of debt under private native
If it is written without the intervention of a notary, the recognition of debt between individuals is said to be “in private seing”. It does not take the form of an authentic act, because it is not written in the presence of a notary.
What is the legal value of debt recognition before a notary?
A notarial debt recognition is perfectly valid legally valid. It even offers more security than a recognition of a private detection since it constitutes a real guarantee. Indeed, if the debtor does not respect his commitment, the act can be invoked against him during a dispute.
What are the specifics of notarial debt recognition?
Unlike the recognition of a private debt, the recognition of notarial debt offers many advantages that arise from its specificities.
Authenticity
The act written and signed before a notary gives it an undeniable authentic value.
The enforceable force
The creditor can directly initiate recovery procedures in the event of non-payment by the debtor, without going through a court.
Legal certainty
The notarial debt recognition is preserved by the notary. In addition, he cannot be challenged for vice in form.
The definite date of reimbursement
The date of recognition of notarial debt is officially fixed by the act itself, which avoids any risk of falsification or anti-tacking.
The proof
In the event of a dispute, the recognition of notarial debt is proof without it being necessary to provide additional evidence.
How to make a debt recognition in a notary?
Making an appointment with a notary
Recognizing notarial debt recognition is a simple approach. At first, you should make an appointment with a notary in order to explain the object of debt recognition. During this interview, the notary will request that a number of documents needed to write the recognition of notarized debt.
Supply of documents, information and supporting documents
The provision of these documents aims to collect certain information such as the identity of the debtor and the creditor, the amount of the debt or the reimbursement conditions. It can be:
- of an identity document,
- of the amount of the amount borrowed,
- reimbursement terms …
After providing him with these elements, the notary writes the act of recognition of notarial debt and verifies the exhaustiveness of the content (compulsory legal notices, for example).
Signature of debt recognition by the parties
The parties are then invited to an appointment with the notary editor of the act to sign the recognition of debt, a signature which gives the act its enforceable value. The notary gives a copy of the act to the parties and retains the original in his archives.
What is the cost of debt recognition in a notary?
The cost of recognition of notarial debt is determined by a regulated scale, called price S1. Notary fees are decreasing and depend on the amount of the debt. Here are the applicable slices:
- From 0 to 6,500 euros: 3.870 %.
- From 6,500 to 17,000 euros: 1.596 %.
- From 17,000 to 60,000 euros: 1.064 %.
- Beyond 60,000 euros: 0.799 %.
Why choose the recognition of notarial debt instead of that between individuals?
Choosing a recognition of notarial debt instead of a debt recognition between individuals has several advantages which guarantee better security for the creditor.
The recognition of notarial debt has the same value as a judgment which gives it an enforceable force in the event of non-payment. The act is written by a notary, who guarantees that all the clauses are valid and in accordance with the law and hinders any dispute on the form.
Notarial debt recognition benefits from a certain date, which avoids any risk of anti -tacking. The notary keeps the original and can provide a copy in the event of loss. In the event of a dispute, recognition of notarial debt is immediately proof.
How to write a letter of debt recognition?
Cerfa form to be completed online
The creditor and the debtor can decide to write the debt recognition letter without calling on a notary. The government provides a letter model to fill out online. You have to indicate:
- information relating to the identity of the editor of the act and the creditor,
- the date of the act,
- the object of the act,
- the provision of the act,
- Special clauses.
After providing this information, both parties get a letter generated automatically. It must be printed in two copies and signed.
Letter model
It is also possible to refer to the following letter model by filling out the left fields.
I, the undersigned, (surname, first name), born on (date) to (location), residing in (full address),
(hereinafter referred to as “the debtor”), declares that they have (surname, first name), born on (date) to (location), residing at (full address), (hereinafter referred to as “the creditor”), the sum of (amount in figures and in letters) euros (EUR).
I agree to repay the amount loaned:
- (at the latest the JJ/MM/AAAA), in a single deadline, or
- According to a monthly schedule from (x euros) from (JJ/MM/AAAA), all without interest/with interest at the rate of (x %) the year.
Made in x copies, in (city), the (date)
Signature of the debtor:
(Preceded by the handwritten mention “read and approved”)
Signature of the creditor:
