08/11/2025
Consequences of not accepting a Lawyer Notice
❓ Question:
Is there any problem if a lawyer's notice is sent but not accepted?
Reply:
By not accepting a lawyer's notice, there is currently no immediate problem.
However, if the person who sent the notice proceeds to file a lawsuit regarding the matter for which you received the aforementioned notice, you will definitely receive a summons from the court, which you must accept, and you will be obliged to appear in court.
At that time, you will not be able to raise an argument that you were unaware of the issue, or that everything could have been resolved if you had been informed.
If the complainant argues that a notice detailing all these matters was sent to you, and because you did not receive the notice, the problems remained unresolved, compelling them to approach the court, neither you nor your advocate will be able to argue otherwise in court.
Furthermore, if a party deliberately refuses to accept the notice, some courts, in certain situations, treat it as though they have received it (deemed service). In cases involving multiple related parties, if one person accepts the notice, the court may consider the others to have received it as well.
In many situations, the purpose of a lawyer's notice is to resolve the dispute outside of court, without escalating it to a lawsuit.
In certain cases, such as cheque bounce cases (under the Negotiable Instruments Act), sending a notice is mandatory. There is a specific time frame for sending a reply to it. Failure to accept it will adversely affect the recipient throughout the case, favoring the opposing party.
- Adv Ahammed Sha