Politely Decline a Legal Request
Edited by estrella sacragon, Rebecca M., Anonymous, Robbi and 2 others
Afraid to be sued in case you decline a legal request? Who wouldn't be afraid of that eventuality?
By definition, legal means anything that is of the law, allowed by the law
and/or related to the law.
Request, of course, is defined as an act of asking or formally or politely for something; courteous appeal for something.
So what is a legal request? It is when a request has been made to divulge sensitive information that might be used in the court to settle, solve or close a legal case.
This sensitive information could vary from telephone records, patients' recording, credit card records, travel whereabouts and many other types of information. The truth is that some corporations or businesses like commercial airlines, telephone companies, hospitals, resorts and hotels have a long standing partnership with the legal system. They automatically provide them with information needed without any hassle.
There are still private and conservative companies that hold back information that may or may not incriminate those people involved in the legal action.
Sometimes they decline in that they do not want the name of the company to be involved in whatever legal happenings that are going on.
- 1 How to Politely Decline a Legal Request
- 2 The Importance of Being Polite in Answering a Legal Request
- 3 Consequences if No Response
- 4 Proper Way to Answer the Complaint
- 5 Counterclaims and Affirmative Defenses
- 6 Request for Judgment: The Wherefore Clause
- 7 The Methods of Answering the Complaint with a Pleading or Position Paper
- 8 Questions and Answers
- 9 Comments
How to Politely Decline a Legal Request
- 1Make sure that there's a subpoena before you write anything.In situations where information is very important, a subpoena could be processed and presented to get whatever details are needed by the court of law. Once this piece of paper has been delivered, the business or establishment or homeowner would have no choice but to cooperate. If the other party is insistent not to provide the necessary help, then the assistance of a lawyer may be requested or hired. In this instance, unfortunately, an attorney can only do so much to the request by delaying the delivery of information but in most, actually all cases, once a subpoena has been served, it is the rightful duty of the person who was subpoenaed to present what was asked and required by the court of law. Defying the law could result to the person being subpoenaed penalized; an unnecessary trouble that could be prevented through immediate and peaceful cooperation.Advertisement
- 2Make sure that you have valid grounds to decline such a request.If at first information needs to be withheld for some reason, a letter politely declining the legal request can be offered. How to decline a legal request in a polite way can be done through a letter explaining why such request will not be accommodated. It is best to have a lawyer draft, notarize,and deliver a letter to the party requesting the sensitive legal information.Advertisement
- 3Check the documents that you have already provided to the other party.For companies that have had the opportunity to work with the legal system before and knows how it works, although it is being demanded to provide information, these companies could still decline by checking, reviewing and confirming what has been provided already.
- 4Meticulous and voluminous work.If accommodating such request would take too much meticulous work and consume the time of the staff or employees, this could be used as a reason to decline a legal request. Wasting of resources and time that is not covered with the company itself plus the emotional stress, frustration and annoyance to the employees can be added as well to reasons to decline. Another option to look at is if the request has been made and provided for to another requestor. Duplicate request can be a factor to decline a legal request.
Whether peacefully or begrudgingly cooperating with the law, it's highly suggested that the litigant in the case makes use of the services of a lawyer. This way, all types of complexities will be resolved.
The Importance of Being Polite in Answering a Legal Request
If you find yourself one day being served with summons and legal complaint, then obviously you are being sued. Meaning to say, you are now a defendant in a pending civil case against you. Basically, you have a very limited time in answering the complaint. If you can't file a response to the complaint on time, chances are, this would result in a default judgment entered against you. This will mean that you are forfeiting your rights to answer to the complaint and the person who filed a suit against you would prevail.
It's significant for you to know that when you are sued, this is actually a very serious matter and will require you to do some immediate actions. To understand more on how to go about in answering a legal request, here are some helpful tips.
From the time you receive a complaint, make sure you carefully read it. This will tell you as to the exact time you need in filing your answer or response. Take note that the statements and allegations made in the complaint are set in paragraphs numbered consecutively. When answering, you respond to each section in the complaint, making sure you use the exact number being used in the complaint.
Once you have fully-read the complaint, consult a lawyer to identify if the current complaint is too complicated for you to resolve it without the need of legal support. While doing so, find the time to do some research about the specific rules in your area with regard to how you must respond to civil complaints, or if you are required to retain the help of a lawyer. In most cases, the procedures and formats in answering legal complaints are similar in most areas, however, always read beforehand the rules of courts for your jurisdiction before you draft any legal document.
You should answer the complaint and file it Court within a period of 30 days.This period is counted from the date, you personally received the complaint. If you cannot provide a reply within the specified time, you may request for additional time to answer. For a request for an additional period, make sure you do the request before the thirty-day period to answer has passed. You need an attorney to for this type of action.
Consequences if No Response
If you cannot answer the complaint within the thirty-day period as provided by law, then you are in serious trouble. Take note of the date as soon as you receive a formal complaint, while also keeping aware of the deadline to answer. Weekends also count. If the last day of the filing of the complaint falls on a weekend or a holiday, count the next working day.
Proper Way to Answer the Complaint
Your reply to a complaint is called the answer. You must reply to each section of the complaint with the exact number used in the complaint. Be extra careful with your statements when making your answers as these can become admissions of facts and may possibly be used against you. The key here is to remain truthful and brief.
When you agree with the alleged complaint, your response should be "admitted"; otherwise, you indicate "denied" if you don't acknowledge the problem. At times when you don't know if the allegations that were stated in the complaint are true or not, or if you don't have information to identify if the statement is correct; place in your response "lack enough information to respond". Always be brief with your response as much as you can. Directly answer all the allegations in the complaint with no more than two sentences.
If you want to include in your answer a copy of certain documents, you may also attach it to your response. They can make integral parts of your answer and must be referred to in your reply. These will then be referred to as "Exhibits" or "Attachments". All the copies of these documents are numbered and attached at the end of every answer.
At times, the complaint is arranged in different sections with different claims against the defendants. Normally, these sections have different titles. In your response, you must also repeat the same allegations.
Counterclaims and Affirmative Defenses
If you have your own claims against the petitioner, make sure you state them in your answer. It is best to get in touch with an attorney for you to determine the right defenses and claims. Once you have completely answered the allegations from the complaint, you may then list down your own defenses and claims. Every claim and defense must start with a paragraph where you re-allege the entire preceding paragraph and must continue with the numbers of paragraphs in sequence following the last number.
Request for Judgment: The Wherefore Clause
After ending the answer of the complaint, you must also state what it is that you want to get from the court. Your concluding statement must include the "wherefore clause". For example "Wherefore Defendant seeks the dismissal of the complaint of the Plaintiff, and that the Plaintiff recovers nothing.
The Methods of Answering the Complaint with a Pleading or Position Paper
- 1Prepare your pleading.You can find samples of these through the Internet, from the court house. Type in your name, address, and phone number at the top left portion of the paper. Next, provide the information in two lines after your personal information. Provide your answer to all the numbered allegations issued against you.
- 2Ensure that all the claims are answered.You may admit that you did what was alleged, deny the allegations, or claim that you do not have ample or sufficient information to affirm or negate such issues. If you fail to do so, the court may believe that your failure to answer the allegation is an admission.
- 3Start typing your answer using double-spaced lines, just below the court information space on your position paper.Each response has to be numbered and double-spaced all throughout the rest of the paper. Once completed, sign and put a date on your answer after you have acknowledged every allegation. Your signature line has to be two spaces below the lastly numbered answer on the pleading paper.
- 4Attach a verification of your reply.The verification is another document stating that you are the defendant in the case and that you have acknowledged all your answers in the document. The legal complaint must also be made in triplicate. The original copy goes to the court, the second is for your personal copy, and the third goes to the plaintiff. Lastly, complete the proof of service before you submit your reply to the court. All these should be done prior to court hearings.Advertisement
Questions and Answers
I have a customer who wants us to get involved in litigation with her?
I have a customer who was renting a home, and there is bad water damage and possibly black mold. We came out and looked at it but didn't find the black mold, apparently. She wants us to come to court to witness, but my boss wants nothing to do with it or her. How do I politely decline without bringing trouble to our company?
Dear (Their Name),
As you are aware, we surveyed your water damage to the property you are renting on (date). Our findings concluded that although there was water damage, we saw no physical signs of black mold. My employer has requested that we remain out of the court proceedings which our testimony would not exactly help your case due to the fact that we would have to state we found no mold if questioned. I can provide you will a written estimate of the damage and cost to replace/repair. You will find this included with the letter.
Your Name (Company)
- If you have problems with any of these steps, ask a question for more help, or post in the comments section below.
Categories : Communications & Education
Recent edits by: Eng, Robbi, Anonymous