Loan agreement
Are you lending money or borrowing it? A loan agreement can be drawn up in the form of a notarial deed — a public deed with higher evidentiary force. If the debtor consents to enforceability in the deed, the creditor may, in the event of non-payment, apply for enforcement, generally without prior court proceedings.
What this service means
Why draw up a loan with a notary
A loan between relatives or acquaintances is often agreed only orally or on a template "from the internet" — and that is exactly where disputes about what was agreed arise. A notarial deed gives both parties certainty:
- a public deed — the content of a notarial deed is presumed to be true; whoever claims otherwise must prove it,
- unambiguous terms — the amount, maturity, instalments, any interest and the consequences of default are agreed precisely and comprehensibly for both parties,
- direct enforceability — if the debtor consents to enforceability in the deed, the creditor may, in the event of non-payment, apply for enforcement directly — generally without complicated, costly and lengthy court proceedings,
- impartiality — the notary represents neither the creditor nor the debtor; the notary ensures the deed is in order for both parties and advises both parties of the consequences.
To be frank. Not even a notarial deed guarantees that the debtor will pay. It does, however, create a strong legal foundation: a public deed and — with consent to enforceability — a directly enforceable title. How enforceability works is described on the enforcement title page.
Verification
What we verify
Before drawing up the deed, we verify the identity of the parties and their authority to act; as a rule, we also check:
- the register of lost and stolen identity documents,
- bankruptcies and restructurings,
- the register of enforcement proceedings,
- sanctions lists.
These checks protect both parties — the creditor knows who they are entering into the obligation with, and the debtor has the certainty of a properly drawn-up deed.
Procedure
How it usually proceeds
Agreement of the parties. The creditor and the debtor agree on the amount, maturity and terms and approach the notary.
Advice and verification. The notary verifies the identity of the parties, checks the registers and advises the parties of the consequences — in particular the debtor, on what consent to enforceability means.
Drawing up the deed. The notary draws up the deed with all the required elements; as agreed by the parties, also with the debtor's consent to enforceability.
Repayment. The debtor repays according to the agreed terms. In the event of non-payment, the creditor may proceed via the enforcement title.
Frequently asked questions
The most frequent questions about this service
How does it differ from an agreement we write ourselves?
A private agreement is valid if it meets the statutory requirements — in a dispute, however, its content and authenticity must be proven. A notarial deed is a public deed: its content is presumed to be true and the burden of proof lies with whoever contests it. With the debtor's consent to enforceability, it additionally allows direct enforcement without prior court litigation.
What does the debtor's consent to enforceability mean?
It is a declaration by the debtor in the notarial deed that, if they fail to pay duly and on time, they consent to the deed serving as the basis for enforcement. In the event of non-payment, the creditor then does not have to sue in court first — subject to the conditions of enforcement law, they apply for enforcement directly. Details can be found on the enforcement title page.
I have already lent the money. Can it still be drawn up with a notary?
Yes — if the debtor acknowledges the debt, a notarial deed on acknowledgement of debt can be drawn up, and, as agreed, also with consent to enforceability and an agreed repayment schedule. We will go through the procedure and the appropriate form at a consultation.
How much does it cost?
The notary's fee and reimbursements are determined under Decree No. 31/1993 Coll. and depend on the value and complexity of the act. We will tell you the specific amount in advance at a consultation — before you decide.
Let's arrange a meeting
Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.