Legal Question in Business Law in California

Is it possible for someone to go ahead with legal proceedings against me without sending me a formal Legal Notice?

The email that I have received states the following,

"We demand that payment of the full amount be paid to us on or before 7 December 2014. If this account is not resolved by the specified date we reserve the right to commence legal proceedings to recover the debt without further notice to you, and you may be responsible for any associated legal fees or collection costs. If you wish to prevent this, please contact the undersigned as a matter of urgency and settle your account before the above date.

Regards, Nicole."

There isn't anything that suggests that this is coming from a Lawyer, neither does it have any letterhead and so on. So my query is if it was possible for someone to go ahead with legal proceedings against me without sending me a formal Legal Notice or do I treat this email as a legal notice? Also, could they send me a notice stating that I directly see them in court or does it have to ask me to pay up first, if not see you in court?


Asked on 11/27/14, 12:31 am

1 Answer from Attorneys

They can COMMENCE legal proceedings against you without any notice. They could have commenced legal proceedings without even sending you the email. They cannot, however, PROCEED with the case until they have you personally served with a summons and a copy of whatever pleadings they file to commence the case. In other words, they can file something with no further notice or any notice at all, but they have to serve you with legal papers before the court will let the case go forward.

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Answered on 11/28/14, 1:53 pm


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