What Are Legal Notices?
One of the steps to filing a civil lawsuit involves giving legal notice of the lawsuit to the other party. Serving a legal notice notifies the other party that you are litigating them, gives them the reasons why you are litigating them, and provides the other side with the legal basis upon which you filed the lawsuit. The other party then has a certain time period to respond.
Legal notices are a dynamic principal of the courts providing impartiality and due process by giving all parties affected by the complaint or legal proceeding notice of the legal procedure. No party can function in secrecy and all court actions must be apparent to all parties to the case.
What Is a Legal Notice in a Lawsuit?
A legal notice is a lawsuit is a notice or petition by the court stating that the court is preparing to petition a lawsuit against the defendant. The court begins this process by personally serving the affected defendant with the complaint and petition, together with a summons or order to appear in court. Thereafter, the defendant will be deemed to have notice of the lawsuit and failure to appear or answer will allow the plaintiff to enter default judgment
Why Do Legal Notices Exist, and Why Are They Useful?
One of the simplest reasons to understand why legal notices are used deals with fairness. For a lawsuit to proceed, it is simple to understand that the party being sued needs to be notified that they are being sued. From here on, this party can then do the necessary steps to defend themselves, i.e. hire an attorney and decide how to respond to the notice of the lawsuit.
If I Can’t Find the Respondent, Can I Still Continue the Lawsuit?
Yes. The respondent isn’t required to actually know about the lawsuit. The plaintiff is only required to make every reasonable effort to give legal notice to the respondent. Once every reasonable option has been exhausted, the plaintiff may continue in the lawsuit regardless of whether the respondent actually knows about the suit.
If the respondent fails to appear in court, the plaintiff automatically wins (default judgment).
Where Can You Find Legal Notices?
A simple answer is that you can find a legal notice at your attorney’s office! Legal notices are usually drafted by legal personnel. Attorneys and legal staff study a client’s case and then draft a legal notice accordingly. Such a notice is then usually showed to the client before being sent out to the other party.
However, in this day in age with the Internet, certain websites educate people on how to draft a particular type of legal notice. Depending on the type of legal suit or proceeding you are in need of, LegalNotice.org can provide you with the information you need.
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