Can a Legal Notice Be Served By Email
Can a legal notice be served by email? If you want to provide proof that a valid notice was sent, an email will not meet the criteria for official notice.4 min read
2. When Are Legal Notices Needed?
3. How Does Legal Notice Apply to Rape?
4. Why Do Courts Require Hand-Delivery of Notices?
5. Should Email Be Used to Send Legal Notices?
6. What Is the Best Way to Send a Legal Notice?
Can a legal notice be served by email? If you want to provide proof that a valid notice was sent, an email will not meet the criteria for official notice. If proof of adequate notice is necessary, you will need to have proof that the email was sent and the recipient read the email. If the recipient has admitted to receiving the email, or if he or she responded to it, this may serve as an official notice, but not in all circumstances. If you and the person have agreed that notification by email will be proof of notice, then you will need to have the agreement in writing.
There is no law that states certified mail will serve as proof of notice in receiving legal documents. Likewise, it is never a good idea to send legal documents by electronic means. There are too many events and instances that can prevent email from reaching the recipient, such as spam filters and bouncing. If the email is deleted, there would be no proof of notice.
When Do Questions Arise Surrounding Legal Notices?
There is often a question of whether a legal notice was given in legal proceedings involving crimes, violations, or torts. There will need to be a verifiable proof of notice before legal proceedings can be conducted in these types of cases.
When Are Legal Notices Needed?
Incidences involving trespassing or parking on private property require proper notification as well. A sign must be posted and visible in order to provide proof that proper notification has been given. One common example of this can be seen when signs are posted in handicapped parking spots.
Legally speaking, saying that you did not see the sign would not be accepted as a failure to notify. If the sign is posted where it is clearly visible and there is nothing to interfere with it being legible, then this is considered proper notification.
How Does Legal Notice Apply to Rape?
For someone to be charged with malice or intent, there has to be knowledge of wrongdoing or proof of the intent to commit an act. However, in the situation of statutory rape, not knowing the age of the victim will not be a basis of your defense.
Why Do Courts Require Hand-Delivery of Notices?
The law requires that citizens receive proper notice of court orders or legal proceedings, such as litigation papers, government demands, etc. While courts will vary in what is considered proper notice, most courts will require a hand-delivered notice to the recipient. The hand-delivery of the notice usually takes place by an officer of the law, such as a deputy or sheriff.
Should Email Be Used to Send Legal Notices?
When using email for legal correspondence, all messages sent and received should be encrypted. SMTP protocol is not secure and messages are vulnerable while in transit between servers when using this protocol.
Since digital devices, like smartphones and laptops, can be shared among users, one would normally consider registered mail as a more secure method of sending a legal notice. While registered mail will travel at a slower rate, senders of a legal notice can rest assured the notice is not being tampered with.
Also, it ensures that the notice is going to end up in the hands of the intended recipient. When sending an email notice, you never know who might end up reading it. If the intended recipient doesn't read it first, there's a chance it will get deleted, or the message in the email will not be communicated to the person it was meant to be read by.
What Is the Best Way to Send a Legal Notice?
We are living in a time of advanced technology, and while email is an acceptable and convenient way of communication, if you are attempting to send a legal notice to someone, it is best to have the notice notarized and hand delivered. Email may not serve as proper legal notification if you need to provide proof of notification in legal proceedings.
If you need a document notarized, the process is fairly simple, but finding a notary may be a challenge if you have never had the need for one. There are many places that employ notaries:
- Tax offices,
- Real estate agents.
You will likely have to pay a small fee to acquire services from a notary. If transportation is an issue, then many locations have mobile notary services available. This means they come to you and make the document official at your convenience for a fee. Hiring someone to hand deliver the document is also another option to consider when you need provide proof of notice.
If you want to know can a legal notice be served by email, you can post your legal need (or post your job) on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.