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N.S.Praburamachandran (Asst.Gen.Manager)     17 August 2010

legal notice

dear eminent lawyers forum,

i have a simple question here,

if a legal notice served is not replied what are all the consequences and what is the time duration we can take to reply,

if not replied in time what will happen,

not at all replied what are the consequences,

will the court pass exparty decree in favor of the party who served legal notice?

please clarify,

thanking you all,

prabu.,



 18 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2010

Your various querried does not seems to be related to real life , are you a student OR  RAISING questions for curiocity only to update your legal knowledge. 

STILL REPLY TO YOUR QUERRY.

I have a contrary opinion and method. You should not reply the notice. It has no of advantages.

1) If you do not reply the opposite side has to prove that notice was sent.

2) Reply is normally sent by an advocate who even after best of your efforts is not aware of real situation. Morever the fee being paid for reply is not worth the efforts for him to know.

3) Third and most imp is while replying the notice first you admit thet you have recieved the opponents notice , second if all the points raised are not specifically denined it will be assuned that you have agreed to the contents of notice and third imp problem is while replying you make admissions which become fatal at later stage.

SO UNLESS YOU ARE FULLY PREPARED AND CONFIDENT IT IS ALWAYS BEST NOT TO REPLY THE NOTICE.

ANOTHER STRATEGY IS INSTEAD OF REPLYING BLAST A COUNTER NOTICE.

1 Like

(Guest)

1. Reply to a legal notice is cent percent advisable but you should be cautious in admitting or denying the allegations which depends upon your anticipation of future proceedings based upon unrebuttable evidences.

2. The consequences for non-replying is not an offence under law, but if replied in a fitting manner, there are chances of putting an end to the future filing of vexatious cases. The reply should be given within the time stipulated in the legal notice sent by the other party. But in case it could not be replied due to the circumstances beyond your control and if there is any inordinate delay in replying, the compelling reasons may be briefly stated to avoid any misconception in the minds of the other party.

3. If a reply is not sent for a legal notice, the other side may use it as an advantage to them while drafting the petition and put blame on you for not complying with the requirements of notice which has become the root cause for filing the case.

3. The reply to the legal notice is generally welcomed by the Courts however for not replying to a legal notice will not automatically pave way for an ex parte decree, since the importance of a legal notice would end as soon as the Court proceeding starts. Only when you don't appear in a case despite serving summons on you, shall the Court passes an ex parte order/decree.

2 Like

Basavaraj (Asst, Manager-Legal)     21 August 2010

yes i AGREE WITH mR.sHASHI

1 Like

M.Sharma (Excutive)     02 January 2011

Originally posted by :N.S.Praburamachandran
"
dear eminent lawyers forum,

i have a simple question here,

if a legal notice served is not replied what are all the consequences and what is the time duration we can take to reply,

if not replied in time what will happen,

not at all replied what are the consequences,

will the court pass exparty decree in favor of the party who served legal notice?

please clarify,

thanking you all,

prabu.,
"

Ibrahim Deshmukh (Legal Consultancy)     04 January 2012

Dear Praburamachandran,

Whili agreeing with Adv. Gurunarayan Rao,  I would like to add,  although it’s not mandatory,  yet it’s always advisable to reply APPROPRIATELY to a Legal Notice, citing the relevant clauses of applicable Laws.   “No Reply to a Legal Notice” can be an added advantage to the opposite side, if it opts to proceeds to the court.

First of all, read well the contents of the Legal Notice in the context of the Agreement, executed between the parties.

Secondly, check the limitation. Does the claim still within the limitation period? If the claim is time-barred, simply one line response to a legal notice will suffice further lengthy propositions.

Thirdly, check the contractual obligations of the Claimant which he was supposed to fulfill and the shortfalls, if any, shall be a good defense and one can seek full compliance of contractual deliverables to counter the payment demand notice (I mean if the Notice is meant for the same).

Fourthly, if short-falls in the contractual deliverables are relevant and non-rebuttable then proceed expressing  your counter-threat of your rights to claim damages against such short-falls of the opposite side. Which may deter the opposite side proceeding any further legally.

Finally, need to mention that “The rights of my Client will be fully protected legally at your cost and consequences and this reply is without prejudice to any other legal remedy which may be available to my client".

Ibrahim Deshmukh
Legal Consultant
Kuwait
ibdesh@gmail.com

 

1 Like

sharadha (chairman)     07 January 2012

Nothing to worry this problem we have an solution if you want to more information please free to contact this address.

Lex Valorem India Pvt. Ltd.

#405, 7th Cross, IV Block,

Koramangala, Bangalore - 560 034

Email Id: lex.sathi@yahoo.com

Sharada.sc@lexvalorem.com

Website: www.lexvalorem.com

Phone Number: +91-80-25534374, 80-25536618

When your contact this address please mention where you will found this information.

Ibrahim Deshmukh (Legal Consultancy)     11 January 2012

Dear Colleagues

I believe each post should ADD CLEAR VALUE to an issue, which is grossly lacking in some of our colleague's post above.

It’s recommended we need to adhere to such a policy, rather than with a mere aim of advertising ones'  private office.

Let us  hope for a better future.

Ibrahim Deshmukh
 

 

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     12 January 2012

 support the view of Mr. Ibrahim Deshmukh.

This forum should not be misused by such  Pvt Ltd. Co, who do not wnt to answer the query, or to share knowledge, or to help the aggrived person who rased query wth hope to get guidance from experts, But to advertse their Private Offce to attact Clients.

2 Like

RAMKRISHNA KARMAKAR (ARRANGER-06)     13 January 2012

Respected Mr. V. R. Shroff,

My Gratitude to you from the deepest core of my heart for your caring and willing to help intention for people like us who depend upon guidance from experts like you.

Thanks,

With regards,

Ramkrishna Kamakar.

devraj (asst prof)     17 July 2013

I had sent a notice, and informed the opposite patry to give me a reply within 15 days. Since there was no reply, we filed the case. Now I have got a reply to the notice. The court hearing is after 5 weeks. What should I do with the reply. Is the reply valid since it has come after 15 days as specified in the notice sent to him.

naren (Radio Jockey)     07 August 2013

Dear Sir,

I offered my room to another person who came to me thorough my common friend.

he asked me to invest in gold of his franchaise taken from a brokerage company,

i didnt shown intrest, but he movivated me to deposit. finally i have given 30 thousands to the company through cheque. after that he just given me 1200 once, then, i didnt get anything.

he vacated the room without giving the keys as i too have another key.,

, i tried to call him, but his no. was switched off, 

the only contact point to me is his mobile no. now its not working,

so i though one idea, that he is friend to me in facebook.

so i tried to approach him through FB msg, but he didnt respond.

finally i tried to communicate to the friends who are in the list of his account.

some one asked him about this issue, then he called me and threatened me that he is not going to give money.

i again communicated to this thing to his friends in FB.

finally he msged me in chat box that he dont have money right now, will pay after two months.

i accepted and waited for two months, at the end date he sent me a lawyer notice saying,

i did cyber crime and harassed him with cast name.

i felt really sad with the incident.

he didnt handover the room keys till date as he vacated room 3 months before.

what i have to do ?

the person escaped without updating my money mater,

so to approach him i messaged to other people who knows him with the actual thing happen,

if a person intentionally try to damage a persons image will be a cyber crime,

here there is not intention for me to do such thing.

even i dont know his cast name until i receive the notice.

he is just mis-using the SC/ST attrocity and demanding me an amount of 10 Lakhs by showing SC/ST Atrocity thing and for the damage of his image.

what an irony,,,

what i have to do,,

please suggest.

Naren

Gerry Wilson (lawyer)     27 August 2013

No problem if reply to legal notice is not given.

Omaha dui defense attorney | Omaha dui nebraska lawyer

Sridhar B (Director)     26 March 2015

I had` sold a property 8 months ago which is apart of a partition decree.Now my brother filed a civil suit saying he had pre emption right and i haver violated.He has filed a civil  suit against me and i received a court notice. I have decided to ignore the same as i no longer am the owner of the property. is my action right. 

milan (x)     18 August 2016

Hello Respectable Lawyers,

I received a lawyer's notice alleging me with false cases (Criminal case) and seeking money (They stated if I do not pay they will be forced to go to court). I gave brief reply reserving right of detail reply to that with strong proof dening their allegations.

Now I have 2 questions

1) Does Allegation made under Lawyer Notice has same value as FIR..?

2) If they do not  file  any case for certain period (say 2-3 months), can I consider that as Threat to extort money..?

Please reply

 


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