Date : 05-02-2019 11:05
What happens when a legal notice is undelivered?
A Legal notice is a formal communication to a
person or an entity, informing the other party of your intention to undertake
legal proceedings against them.
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases.
This notice, when sent, conveys your intention
prior to the legal proceedings and thus, makes the party aware of your
grievance. Many times, a legal notice served will bring the other party on
heels, and the problem can get resolved out of court too, with fruitful
discussions on both sides.
And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.
Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
A legal notice is an intimation and thus carries the following information:
1. Precise statement and facts relating to the grievance for which the action is to be taken.
2. Alternatives/relief sought by the grieving party.
How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.
A complete brief of the problems that the aggrieved party is facing. The last
part of the Legal notice should contain a detailed account of how relief can be
obtained/problem solved if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court if both of them are willing to compromise on the issue.
A legal notice can be sent personally too. One can draft a legal notice, and authorize it before sending it to the other party. However, since wording a legal notice is extremely important if the case reaches the court, and citing of aw under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.
If a legal notice is undelivered there are consequences that depend upon:
1. Refusal:- if it is undelivered because of refusal, it revolves against him and treated legal notice is valid and notice has been rejected and it is not lawful to reject notice. Then one cannot ask for notice, it shows that he is adamant.
2. Unknowingly:- if
it is undelivered because he was not in home, or because of change of address,
then the sender must send once again to ensure all necessary steps have been
taken to reach out notice( the person to whom the notice is sent)
But the court does not take adamant nature of person who has not taken the notice. Common law tells that sometimes the person who sent the notice might be wrong, just answer the correct position. If it is not done, then the presumption may go against the noticee as to who sends the notice. Making presumption is not permissible in jurisprudence.
After this one can file suit against the person
if he is aggrieved of the acts of notice. Notice is not compulsory in
all circumstances but in money recovery case, when one is filing a
case against the government, it is necessary. There are statutes/acts which
ask for compulsory notice. In common law, anyone can send notice to another
person if he is aggrieved of that other person.
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