Legal Question in Landlord & Tenant Law in Mississippi
Written Notification of Intent to Sue
An attorney from out of state sent an uncertified, unregistered letter to my home regarding his intent to file suit against me. The letter had a 10 day response required and was dated May 28 with the envelope post-marked June 6. While I did receive the letter, I received it after the 10 day response deadline.
My question is, without it being certified or registered, how can it be proven I ever received the letter and secondly, would an attorney actually send a time-sensitive document uncertified/not registered?
Thank you in advance
2 Answers from Attorneys
Re: Written Notification of Intent to Sue
It can be proven by testamony. In the legal world, we have the "mailbox rule" where notice is deemed given when that notice is dropped in the U.S. Mailbox. Mailing a notice such as yours may not seem right, but it is legal.
Re: Written Notification of Intent to Sue
No legal requirement exists, in either Texas or Mississippi, of which I am aware, that written notice of intent to sue a private individual be provided. Accordingly, it appears that the attorney was trying to give you his/her own one last chance to resolve the matter before filing. The time provided could have been 5 days, 10 days, or 30 days -- whatever the attorney chose to do. In this regard, it also does not seem to matter that the letter was neither registered nor certified. Let us know if we can be of further help.
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