Sending legal notices is expected in the business world, and nobody wants to be at the receiving end of this notice. There are many reasons why one company would send a legal notice to another company or an individual legal notice for recovery of money is one of the main reasons why companies send a legal notice.
Usually, the business or individual who receives the legal notice either pays the creditor or asks for an extended period for payment. But, the real issue is with those legal notices that remain undelivered. What is the following procedure if the legal notice is undelivered or the party refuses to accept it?
What is a legal notice?
It’s a formal communication (notice form) to an individual or a legal entity to inform them of your objective/intent of moving towards legal actions against the individual/entity. It is a first step or prerequisite of a legal trial—it’s usually meant to be a hint/caution to the recipient of such notice. It is a legal notice for the recovery of money.
These legal notices are placed as per Sec 80 of Code of Civil Procedure (1908)—filed only in civil disputes.
The legal repercussions of this are dependent on its delivery and acceptance by the other party. If the notice remains undelivered because the party refuses to receive it, it will create legal issues.
If the delivery is incomplete because of no one being at home or house changing, then the sender must ensure that the notice is delivered to the new place/residence of the receiver.
The one who sends the notice must take all the necessary steps to understand the issue and send the notice to the receiver as soon as possible.
What if the notice is still undelivered?
If the notice is still not delivered even after several attempts, the sender can file a legal case immediately. The court proceedings will follow, and the sender has to provide all the details regarding the issue.
If you are a partner with a firm that handles your collection management, they will help you with the legal notice. They will provide all the details of trade or business with the other individual.
What are the situations/actions to take when the legal notice is not delivered?
The non-delivery of notice means only two things:
Turning down or ignoring the notice
If the legal notice is undelivered because of the unacceptance by the receiver, then the notice becomes valid. If the receiver does not accept the notice, even then, it is considered valid as it is not legal to deny a legal communication.
Unawareness of the notice
If the notice is still undelivered because of the receiver not being at home, going for any trip, then the only option is resending the notice till they return.
What is the importance of a legal notice? Why can’t you file a suite directly?
Non-payment of the money can be very displeasing. Now, what are the benefits are:
- The written warning shows your intentions
- Cost friendly compared to litigation
- Higher chances of recovery
- Quicker settlement due to workout settlement
- Promoted mutual understanding
- Act as a legal evidence
- Simple format and monitoring
These are the benefits of going for legal notice, and you will understand soon.