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Shyam Karun (Private)     07 April 2012

Legal notice

I  and my friend had money transctions between us for many years. I am currently in USA and she in India. All transactions happened through Bank and couple transactions in person. I settled every pie and there were no issues until we were friends. Now she sent me an legal notice from India to settle 2lakh in 7 days that i owe her in the past. Otherwise, her lawyer can pull me out of USA for legal actions??  Please let me know what should i do?



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 15 Replies

SRISHAILA.DHARANI (Advocate&consultant)     07 April 2012

Dear Friend,

1.For this 2lakh amount , has she got proof, for lending the same to you??, like cheque or any other document.Give suitable reply denying all the allegations which are not true.

2.She can not drag you out of USA for this reason, dont worry about that.

Srishaila,sdharani120@gmail.com,9741425514,Bangalore,Karnataka

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2012

Dear Shyam,

What kinfd of proofs  does she have for that amount?Have you taken acknowledgements for the other settlements you made.She is just trying to inject fear complex in you.To be frank,just ignore the legal notice.

Shyam Karun (Private)     07 April 2012

Thank you for your response.

I have returned some amount in person (does not have proff) and returned some through online. Now she took all the online account transfers and did not consider the amount that gave it in person. Both of have online account transaction details. Her lawyer send me an email with the scanned copy. Should I send a reply to that email denying the facts those are not true ? Is that legally considered as a reply? I am  in lots of medical pressure to my family and do not want to get in to any trouble. Please advise.

Shyam Karun (Private)     07 April 2012

proffs are emails and online tranaction details from bank account statements.. Her husband is behind the scene for all these trouble. I had spent lots of money without expecting anything when she was kind of my our family member and she also spent money for me. Now she is trying to get all the money she spent.  Very frustrating...I am affraid if her lawyer make any legal issues to my employement in abroad. If i just ignore the legal notice, will it cause any issue? Appreicate and thank you for all your kind responses..

jagadish hiremath (advocate & tax consultant)     07 April 2012

When u have received legal notice, it is your obligation to reply. U may send the reply with relevant with proofs that which quaries u can denied. You may send by yourself or through an advocate.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 April 2012

It is of utmost importance that you reply to the legal notice as soon as possible. Legally they'll have to prove the transaction and the amount due. If you have paid the amount off record - still it works as a adequate payment. The question is of proof. Consult a lawyer with the legal notice and point wise rebuttal to the same. As regards pulling you out of USA - it is just an arm-twisting tactic intended to pressurize you and is highly unlikely. Civil process in India takes a hell lot of time, there would be jurisdictional issues that might defeat their claim. 

Feel free to talk ! Anything conclusive can be said after considering totality of facts. 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2012

Dear Shyam,

Online transactions through net banking are official.The statements prove it.Reply to the lawyer's Email,mentioning your version.

Shyam Karun (Private)     07 April 2012

Is there a format i should follow to respond back. Since i am here in USA, i have to reply through plain email format. They sent the legal notice (just a advocate letter head without any reference number) to my official email and personal email IDs. My official email ID's have not received the email due to size restrictions. I checked with my residential address and they did not send any physical letter yet. I am not sure how a lawyer could sent a letter without verifying what is correct. THere were lots of email sent by my ex friend with different amount due. However, he took the one which has large amount as a due. Should i not worry about respecting indian law since i am out of the country?

NAVDEEP SINGH SRAN (student)     07 April 2012

friend,our lawyer & police cannot pull to millitant ,murderde from usa.your matter is very tiny,plz sleep freely.

SRISHAILA.DHARANI (Advocate&consultant)     08 April 2012

Dear Shyam,

Send me the legal noptice sent to you by your friend , so that i can give suitable reply and safegaurd your interests.But rest assured that, for this reason , you cant be dragged out of USA.Apart from this she can not trouble your family members, by filing cases against them.

srishaila,Bangalore,Sdharani120@gmail.com,9741425514

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2012

Dear Shyam,

Whether it official legal notice or from the email of the advocate,give a suitable reply denying the contents of the mail.Directly reply to the mail.Just reply to the allegations,saying that they are false and you would be constrained to proceed by filing civil and criminal  cases against the person who has levied these allegations.

Dr J C Vashista (Advocate)     09 April 2012

Reply legal notice giving detailed rebuttle, otherwise, it may work against your interest, please note

Shyam Karun (Private)     10 April 2012

Thank you for the response. Can I send to your email ID? My current response is as follow .. Since they requested to settle the amount in 7 days, should i respond back within that ?

 

This is to response to your legal notice dated   ………………. for your client xxxxxxxxxxxxxxx

There were multiple email versions from your client with various amounts due on various dates. We have been having transactions since 2002. To the best of knowledge, I do not owe any money to your client at this point of time. You client calculated the money I had transferred to her from my US Bank accounts also as her own money given to me. I have even given back more than what I should. We had a mutual relationship and shared money for various requirements. Most of them were not happened to be a loan request.

I had stopped responding to emails and phone calls of your clients, because I had no business to talk to them and they always use bad words and nasty meaningful messages. I have lots of Voice messages saved with bad words from both of your clients which I could take up legally. Since both of us work in the same organization; I can also take up with Management seriously for unprofessional words to my official email ID’s and phone.

Please advise.

Dr J C Vashista (Advocate)     10 April 2012

My mailing address is majjagdish@yahoocom

#9891152939

You are required to give all relevant mails, conversations, recordings, documents.

Best of luck


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