Date : 13 Nov, 2019
Post By Shreya Mintri
If a legal notice remains undelivered then it holds no legal sanctity. Proof of acknowledgement of a legal notice is mandatory for legal notice to be valid.
Let us first understand what is a legal notice:
It is a notice in form of formal communication to another person or entity informing them of your intentions of initiating legal proceedings against them. This is the first step before filing a legal suit and is meant as a warning to the receiver of such notice.
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases.
Legal consequences of legal notice depend upon the fact that it is delivered. If the legal notice remains undelivered because the party refuses to accept it, then it goes against him treated as valid. It is not lawful to reject a legal notice. If the legal notice remains undelivered due to another person not being home or due to change of address, then the sender must send the notice once again to ensure all necessary steps have been taken to reach out to the noticee (the person who is supposed to receive the legal notice).
If the notice remains undelivered:
If after multiple tries the notice remains undelivered, then the sender can begin with court proceedings and file a suit against the noticee. It is in the interest of a noticee to accept the notice and answer the notice to put forward his point in case it is justified so that it could be used purposefully in future court proceedings.
A legal notice is not even necessary for all circumstances. However, in money recovery cases, where one is filing a case against the government, it is necessary. There are certain other statutes/acts that ask for a compulsory legal notice but in common law, it can be skipped as well. Sending baseless, illegal or unwarranted notices may fire back and be considered as an offence as well.
Situations and actions required for an undelivered legal notice:
Refusal of acceptance: If the notice remains undelivered due to refusal of acceptance of the notice, then the notice is treated as valid. If the notice is rejected by the noticee, even then it is treated valid as it is not lawful to reject a legal notice.
No knowledge of the notice: If the notice remains undelivered due to noticee not being at home or due to change of addresses, then the sender must resend the notice to the correct address. Notices can also be delivered on WhatsApp these days. Bluetick on a notice send via WhatsApp is considered valid.
Look no further, connect with our legal experts to take proper advice on sending a legal notice and also on what must be done in case the legal notice is not delivered. Our expert lawyers will not only help you draft a strong notice but will also assist you in moving forward with your case.
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