Replying to Notices is Not Always a Good Idea
Shamim Darji
Corporate & Real Estate Lawyer ? Head of Chamber at AinPal ? Advocate, Supreme Court of Bangladesh
What are the first things that come to your mind when you receive a notice or legal notice? Giving reply to such notice must be one of such things.
Notices usually require you to do or abstain from doing certain things, and mostly require replies. But replying to notices is not always a good idea. Here is why-
It Does Not Matter Whether You Reply to Some Notices or Not.
In some cases notices are sent to meet statutory requirement only. Whether you reply or not makes no major differences.
However, if it appears that the reply is a consequence of notice issuer's misunderstanding of certain facts and a reply is likely to resolve the issue, you should certainly reply.
Replying to Notices May Backfire
Who knows the fact relating to notice more than you know? Of course no one! You are probably certain that all that the notice contains are blatant lies. Therefore, there is no reason to reply, right? Wrong!
If a reply is not carefully drafted in light of the relevant laws, there is always a chance to admit a fact or stating a contradictory statement that may favour your opposite party in a proceeding. Consequence - you lose a case even before starting.
Therefore, if you are not sure that you can draft a proper reply, it's sometimes better to avoid replying.
Replying May Afford the Notice Issuer with Time to Plan Action Against You
Legal proceedings are to be started within time prescribed by law. Once such time is over, such proceedings are barred by law.
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Certain notices are served with a purpose to revive the cause of action or to extend time for initiate proceedings. Replying to such notice you give new life to other party's claim.
Be Careful of Replying Notices that are Part of Scam
There may be people who have been targeting you and your business. They will send you notice with false claim mostly related to infringement with an intention to extort money from you.
They expect that you will settle with them for avoiding any complex legal proceedings. Talk to your lawyer before acting on such notices.
Replying is a Waste of Money
Even though you are the master of the relevant fact, you should not write a reply yourself unless you also master the relevant laws.
You must consult an expert lawyer before drafting a notice. You should either get such reply drafted or reviewed by an expert lawyer. That costs money! You should not pay a lawyer for a reply that does not matter or that is likely affect your legal interest.
Never panic when you receive a notice. Do not expect a notice to contain only truth. If you have scope, consult a lawyer. In some cases you may want to meet/call the notice issuer, but be wary of you what you say.
Do you Agree? Share your thoughts in the comments below!