Is it mandatory to give reply to legal notice?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
Introduction
A legal notice is a formal communication sent by an individual, company, or legal entity to another party before initiating legal proceedings. It serves as an official warning informing the recipient about the legal grievance and demanding action within a specified time to avoid litigation.
Many people wonder whether it is mandatory to reply to a legal notice. While there is no legal obligation in every case to reply, ignoring a legal notice can have serious legal consequences. The decision to reply depends on the nature of the notice, the allegations made, and the legal provisions under which it is issued.
Is It Legally Mandatory to Reply to a Legal Notice?
The law does not make it compulsory to reply to every legal notice. However, in certain cases, replying is necessary to avoid adverse legal consequences.
- In some cases, replying to a legal notice is mandatory as per statutory requirements (e.g., Section 138 of the Negotiable Instruments Act, Section 80 of the Civil Procedure Code (CPC) for government-related cases).
- In other cases, not replying can weaken your position in court, as silence may be interpreted as acceptance of the allegations.
When is It Mandatory to Reply to a Legal Notice?
1. Cases Where Law Requires a Reply
There are specific legal provisions where a reply is necessary before proceeding to the next step in litigation.
(a) Cheque Bounce Cases (Section 138 of the Negotiable Instruments Act, 1881)
- If a cheque bounces, the payee must send a legal notice within 30 days of receiving the bank’s return memo.
- The drawer (accused) is required to make the payment within 15 days of receiving the notice.
- If the accused does not pay or reply, the sender can file a criminal complaint against them.
- Ignoring the notice can lead to imprisonment of up to 2 years or a fine.
(b) Notice to Government Authorities (Section 80 of CPC, 1908)
- Before suing a government department or public officer, a legal notice must be sent under Section 80 of CPC.
- The government must be given a 2-month period to respond before a lawsuit is filed.
- While the recipient (government official) is not legally required to reply, not responding may result in legal consequences.
2. Cases Where Not Replying Can Harm Your Legal Position
Even if there is no legal obligation, not replying can weaken your case in the following situations:
(a) Property Disputes
- If someone sends a legal notice for property possession, eviction, or illegal occupation, not replying may be considered as acceptance of the allegations.
(b) Breach of Contract Cases
- If a contractual obligation is disputed and a legal notice is sent for performance or breach, not responding can make the court assume that you have no valid defense.
(c) Defamation Cases
- In civil or criminal defamation cases, a legal notice is often sent before filing a case. Not replying can indicate admission of the defamatory act.
(d) Family and Divorce Matters
- In divorce cases, a legal notice may be sent regarding maintenance, custody, or restitution of conjugal rights.
- Not replying can make the court believe that the allegations are true.
(e) Consumer Complaints
- If a business or service provider receives a legal notice from an unsatisfied customer and does not reply, it may lead to a consumer case and monetary penalties.
When is It Not Mandatory to Reply to a Legal Notice?
There are instances where a reply is not legally required, but the decision should be made carefully:
1. Baseless and Frivolous Notices
- If the notice is vague, misleading, or without legal backing, you can choose to ignore it.
- However, consulting a lawyer before ignoring the notice is advisable.
2. Scam or Fraudulent Notices
- Some individuals send fake legal notices to extort money or threaten the recipient.
- If the notice has no legal basis, you can file a counter-complaint for harassment.
3. Notices Without Legal Jurisdiction
- If the sender has no legal right to make the claims, replying may not be necessary.
- Example: If a person who is not the legal owner of a property sends an eviction notice, it has no legal validity.
What Happens If You Do Not Reply to a Legal Notice?
1. Presumption of Acceptance
- Courts may assume that silence means acceptance of allegations.
- The sender can argue that you had no valid defense to the claims.
2. Legal Action Against You
- The sender can file a civil suit, criminal case, or consumer complaint if no response is received.
- In cheque bounce cases, criminal prosecution can be initiated.
3. Loss of Negotiation Opportunity
- A legal notice is often a chance to settle disputes outside court.
- Not replying closes the door for settlement, leading to expensive and time-consuming litigation.
4. Adverse Court Orders (Ex-Parte Decision)
- If the matter goes to court and you fail to appear, the court may pass an ex-parte order against you.
- Example: In family disputes, courts may pass maintenance or divorce orders based on the other party’s claims.
How to Reply to a Legal Notice?
If you decide to reply, follow these steps:
Step 1: Read the Notice Carefully
- Understand the claims, allegations, and legal provisions mentioned.
Step 2: Consult a Lawyer
- A legal expert can help analyze the notice and prepare a strong response.
Step 3: Collect Evidence
- Gather relevant documents, agreements, contracts, receipts, and communications related to the issue.
Step 4: Draft a Reply
- A reply should include:
- Denial or admission of allegations
- Legal reasoning and counterpoints
- Supporting documents (if applicable)
- Request for settlement (if willing)
Step 5: Send the Reply Properly
- The reply should be sent through registered post, speed post, or email to have proof of delivery.
- Keep a copy of the reply and postal receipt for future reference.
Conclusion
While it is not always legally mandatory to reply to a legal notice, ignoring it can lead to serious legal consequences. In cases like cheque bounce, government notices, and contract disputes, replying is highly advisable. Courts may view silence as admission of guilt, and the sender can initiate legal action, leading to financial and legal liabilities.
Therefore, consulting a lawyer and replying appropriately is the best approach to protect your rights and avoid legal complications.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304