You see, we know that at times, a legal notice can be quite frightening. And just so you know, across India, many find themselves in such a situation, be it involving property disputes, disagreements on finances, or even personal affairs. One of the most common queries is: “Do I have to reply to a legal notice?”
Well, for the most part, no, you don’t need to respond or reply to legal notice if you don’t want to, but there are a few things you should know. That’s why we will thoroughly examine this point in order to provide you with the right information to decide whether you must reply, what consequences there may be if you don’t respond, and which option may be wiser in this case. So, let’s get to it.
What is a Legal Notice?
If you don’t know anything about it yet, well, a legal notice is a document, an official letter that one party sends to another before they go to court, and their visit to a lawyer for the filing of a case. Yes, it includes details of complaints, claims, or demands, and gives time to the recipient to settle the matter out of court. All in all, a legal notice is usually helpful in matters such as disputes over property, violation of a contract, dues not paid, etc., and family matters such as divorce. In simple words, it is just a way of saying, “Settle this issue, or we might take serious action.” That’s all!
Is It Mandatory to Reply to a Legal Notice?
In India, it is not mandatory to reply to a legal notice, well, for the most part. There is no law or regulation that demands that you respond and also that you do not directly incur any consequences for not doing so. The law doesn’t say that you should reply to everything that comes to you as a notice. However, in certain cases such as the Negotiable Instruments Act, a notice’s reply may be needed. For example, it would lead to an adverse effect, such as a further civil suit, in the case of a bounced cheque, for example, if the reply is not made to the notice.
Even if it is not always legally required, a reply is still usually a practical choice, you know? It is understandable that a reply would result in a formal record stating your position, especially if you need to dispute the claims made by others.
So What Could Possibly Go Wrong If You Don’t Reply To A Legal Notice?
We’ll just put it simply, you see if you choose not to reply to a legal notice, the sender may proceed with legal action against you, that’s always the possibility. The mere fact that you did not reply does not mean that you are guilty of the claim in the notice, but it may cause you to lose the edge later on in the case, you know? For instance, in the Firm Sohan Lal Kishan Lal vs Firm Talwaria Bros case (1984), the court clarified that not responding to the notice does not mean that one is liable.