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Consequences of not replying to legal notice sent by a lawyer
14-Jun-2024 (In Civil Law)
Refusing a lawyer's legal notice does not usually stop proceedings: where a notice is correctly addressed and sent (especially by registered post) courts presume service even if it is returned 'refused', 'house locked-etc., so multiple refusals can be treated as deemed service and may attract adverse inferences -see Jagdish Singh v. Natthu Singh (1992). [https://indiankanoon.org/doc/327478/] The Supreme Court has repeated this rule in State of M.P. v. Hiralal (1996) and V. Raja Kumari v. P. Subbarama Naidu (2004) and explained the presumption under Section 27 of the General Clauses Act read with Section 114 of the Evidence Act in C.C. Alavi Haji v. Palapetty Muhammed (2007). [https://indiankanoon.org/doc/1197446/] [https://indiankanoon.org/doc/272690/] If you have not officially received a notice but know its contents, promptly ask the sender for a copy and send a formal written reply through counsel by registered post (with acknowledgment), or file an affidavit denying receipt and preserving all proof of your response; in negotiable-instrument cases the Supreme Court also noted the 15'day remedy after receipt of court summons. [https://indiankanoon.org/doc/272690/] For civil service/refusal procedures see Order V Rule 17 CPC. [https://www.writinglaw.com/order-5-rule-17-cpc/]
Ignoring a legal notice is not recommended.
Failure to respond may prompt the sender to initiate legal proceedings. Courts may interpret the lack of response as a refusal to settle the matter amicably, potentially weakening the recipient's defense in any future litigation. Even if a notice is not received directly, legal action may still proceed, possibly resulting in a default judgment.
Adv. Siddhant Sharma
Delhi | 200+ Answers
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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Taking into consideration your query and the above facts, if one receives a legal notice, it is important to reply to it. If the notice is not responded to, the concerned party is free to initiate or invoke legal action against the recipient, depending on the issue.
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Adv. Harshad Rathod
Pune | 5+ Answers
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Dear Sir/Madam,
If you reject a legal notice sent by a lawyer twice, it may create a presumption of refusal in your legal dispute, which the court could take very seriously if it takes cognizance of the matter. This could have legal consequences against you.
A lawyer usually sends a maximum of two legal notices to your address. If you continue to refuse to accept them, the lawyer may publish the notice as a public announcement in the local newspaper.
If you wish to respond to both notices, you should consult your lawyer immediately. Also, keep an eye on your local newspapers for any such publication of public notices against you.
For further details, kindly contact me.
Thank you.
Adv. Mayur Sarode
Nashik | 50+ Answers
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As per your query, firstly, not receiving a legal notice sent by an advocate through RPAD (Registered Post with Acknowledgment Due) will still be legally deemed as served to you.
Secondly, if you do not know the contents of the notice, how will you reply to it? That would not be in your interest. Therefore, it is better that you receive the notice first, and then respond to it through an advocate.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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