Notice to Sue
What are the details of the Notice To Sue
Before you want to start court proceedings, it is important that a notice to sue also called as a notice of intention to sue needs to be given to the other party. However, this Notice To Sue does not apply when there is a counterclaim or a third party claim or even a non compliance claim which is with an EPA or even a claim which is filed under the Workers Liens Act of 1893. When the Notice To Sue is given, the other party is given a total of 21 days in which they have to either seek mediation or else they have to resolve the matter.
In case the Notice To Sue is not given, then the filing fee is not recoverable even if the action is successful.
There are different ways of giving the intention to sue. It is done by filing out as well as serving the final notice of claim done through the Form 1A or else it is done by sending a letter of demand.
The final notice of claim tells the defendant of the nature of the claim filed by you and that you intend that action be taken against them. An online prelodgement system can be used for this purpose.
The letter of demand is a request made formally to the defendant and this includes the date, the amount owed, the reason it is owed, the demand for payment, statement that legal action is to be taken if the money isn’t paid and a warning that the court will order the defendant to pay the legal proceeding costs.
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