See, it is not mandatory to reply to a legal notice because sometimes if there is no backing behind it like you did nothing wrong and you know it, then you can wait for a legal summons from the court. But yes, keep in mind, that if you do reply to a legal notice, you can reach any resolution without seeing each other in court. Let’s talk about it by going a bit in-depth, shall we?
What exactly is a legal notice in India?
A legal notice is quite like a formal heads-up, it is a document that brings forth the complaints of a person, a way of setting things right. It is like a hint at sorting things out before they land in a court of law. In India, such notices arise over disputes with respect to contracts, property disputes, consumer complaints, and issues in the workplace. They are backed by laws, such as the Indian Contract Act and the Civil Procedure Code, ensuring everything is as per the law.
- Also Read: Is Employee Notice Period Legal In India?
Do You Need to Respond to a Legal Notice?
Here’s the catch: you are not under any obligation in law to respond to a legal notice in India. Yes, you read it right. There is no law that states you must write back. Yet, it helps a great deal if you do answer. It creates a record from your side of the story, which, believe it or not, can be very useful when things reach the court. It also demonstrates that you are interested in the amicable settlement of the matter, perhaps even avoiding other legal processes. Replying will let you express your side and will hopefully prevent the typical full-blown legal drama.
What Will Happen If You Ignore the Legal Notice?
Ignoring a legal notice may feel like a silent act, but it can sometimes say a lot in court. While the act of being silent is not an admission of guilt per se, it would come across as if one had nothing to say in his own defense. But just zipping it won’t by itself pin you as guilty. However, the evidence that gives a benefit to your opponent might be buttressed by that silence.
How Should You Handle Replying to a Legal Notice?
Got a legal notice: what to do? Step 1: talk to a lawyer. They will help you chart out a way forward and write you a reply that does not take any shortcuts. It is a good idea to gather in one place all the facts and papers concerning the issue. Start your reply with a heading like “Reply-cum-Legal Notice.” While writing your response, do not forget to put a date on your response and put the date of the original notice as well, and your address. Write with clarity, in the main body of the reply, your stand on each and every point that the notice has raised, and give your reasons and material that led you to that reasoning.
Easy Mistakes to Sidestep
First and foremost, do not ignore it, it’s not just a piece of paper. By ignoring this communication, the other party can go on to the next step against you legally. And yes, recheck your information when answering so that there is no pitfall or omission. Stand neutral and professional, there cannot be a place for hot language. Be factual, and make your response direct and clear as much as possible.
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