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Vibhav   22 July 2024

Can a lawsuit be filed in response to a legal notice without first responding to the legal notice

I have received a legal notice from an advocate representing a private lender.

Does the content of the legal notice have weight of admission by the advocate's client if the legal notice has made some statements in support of the notice?

Can a lawsuit be filed in response to the legal notice rather than filing a response to it first?

 



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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2024

Generally, the sequence of events is: 1. *Notice*: Send a reply notice to the advocate/ opponent party, stating your concerns and demands. 2. *Waiting period*: Wait for the stipulated time (usually 15-30 days) for the opponent party to respond to the notice. 3. *Lawsuit*: If no response or a unsatisfactory response is received, file a lawsuit in the appropriate court. This sequence is commonly followed because: - A notice provides an opportunity for the opponent party to resolve the issue amicably. - It demonstrates that you have attempted to resolve the matter before approaching the court. - If the opponent party fails to respond or respond inadequately, it strengthens your case in court. However, this sequence may vary depending on the specific circumstances and the legal advice of your advocate. In some cases, filing a lawsuit directly without sending a notice might be the best approach. Consult with your advocate to determine the most appropriate course of action for your situation.

1 Like

Vibhav   24 July 2024

Thank you for your reply. I have received the notice but would like to file a lawsuit rather than respond to the notice because I have grounds to do so. I had asked copies of certain documents with the adversary and he has refused to comply.  I had told him that litigation would most likely ensure if he did not comply. Instead he sent me a notice through his law.  Is filing a lawsuit rather than responding to his notice adviseable?

S.K. Prabhakar Shetty   24 July 2024

You can file a lawsuit without first responding to a legal notice issued to you. Many a times a legal notice itself gives rise to a cause of action to file a suit against the party who got isued a legal notice to you. In many other occassions replying will give away your points which the other side can make use of. So, it depends on the situation. 

T. Kalaiselvan, Advocate (Advocate)     24 July 2024

It would be proper to issue a reply notice denying the allegations made in the legal notice.

After that if the situation still persists and warrants a law suit then you can file one with the advise of your own advocate


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