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Caveat petition and legal notice: Know the differences

[ecis2016.org] As a precautionary measure, a caveat petition is filed by the caveator against the expected application to be filed by the other party, whereas a legal notice is sent to the other party before taking legal action against them. Know more about them in the article. 

Various documents, petitions, and applications are required in civil lawsuits. The court receives a lot of documents and the opposite parties in a lawsuit are required to receive copies of these documents. Legal notices and caveat petitions are two of these documents.

As a precautionary measure, a caveat petition is filed by the caveator against the expected application to be filed by the other party, whereas a legal notice is sent to the other party before taking legal action against them.

What is a caveat petition?

Cautionary measures are undertaken by individuals anticipating that another individual may file an application in a suit or proceeding instituted or about to be instituted against them in court. A formal notice informs a person that legal action will be taken against them. In Latin, a caveat means ‘let a person beware’. 

The caveator is the person who files the caveat petition.  The caveator files a caveat petition, asking the court to inform if another person files an application in a suit or proceeding against them. In a caveat petition, the caveator asserts the right to appear before the court to contest the application filed against him.

Caveats are used to give parties time to apply to the court for enforcement or determination of interests inland. Additionally, the purpose could be to notify a third party of the alleged interest.

From the date of filing the caveat petition, the caveat will be valid for only 90 days after which it will be no longer valid. Thus, if the caveator files a caveat petition after 90 days, the court is not required to notify the caveator of the application.

Caveat petition: Points to be included

The caveat petition must include the following details:

  • The caveat is filed with the court named in the caveat
  • If there is an existing suit, petition, or appeal number
  • A brief description of the application likely to be filed by the applicant in a lawsuit or proceeding 
  • Caveator name
  • Applicant name/names
  • Notices to be served on caveators when an application is filed against them
  • Notice of the caveat will be sent by RPAD to the opposite party/applicant at the following address

A legal notice is a formal written communication between two parties by which one party informs the other of his intent to pursue legal action against the other. Doing so makes the recipient party aware of the grievances of the sender.

Only after giving legal notice to the opposite party, a suit can be filed against the opposite party. An individual who receives notice is entitled to file a lawsuit against the other party. Legal notices serve as official notices of legal actions against a person or entity.

The legal notice must include the following:

  • Parties’ names and addresses
  • The grievances and facts caused by the opposite party to the person sending the notice 
  • Compensation is sought from the opposing party by the individual issuing the notice
  • Warning that legal action will be taken if the opposite party does not address the grievance within the specified timeframe
  • Signed by the person sending the notice 

Caveat petition

Legal notice

Caveats are filed when the caveator anticipates the opposite party applying to the case against them. Whenever someone has a grievance and wishes to take action against an opposing party, a legal notice is issued. This petition contains the details of the anticipated application that will be filed against the caveator in a suit or proceeding already pending or about to be commenced against him/her. In a legal notice, the issuer outlines the grievances they are facing and seek redress from the other party. 
The caveat petition acts as a precautionary measure taken by the caveator to prevent the opposite party from applying, whereas a legal notice acts as a warning to the opposite party before taking legal action against them. A caveat petition is filed with the court by the caveator. The legal notice is sent to the opposite party by the issuer. 
Upon the filing of an application against a caveator, the notice of the application will be served on the caveator. Additionally, the court will serve the caveat petition on the applicant/opposite party. The person issuing the legal notice sends it directly to the other party by registered post.
There is a 90-day limitation on the duration of the caveat petition once it is filed. In an application filed against the caveator, the caveator has the right to be informed and can request a hearing if it is filed within 90 days of filing the caveat. The legal notice will specify the timeframe in which the opposite party must compensate or address the grievance of the person issuing the notice. When the opposite party fails to respond to the grievance within the specified period, legal action may be taken against the opposite party, and a lawsuit can be filed.

 

Source: https://ecis2016.org/.
Copyright belongs to: ecis2016.org

Debora Berti

Università degli Studi di Firenze, IT

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