Legal Question in Credit and Debt Law in India

I have to return some company's money that they overpaid 6 months ago and were aware of it. Their Legal team rep has sent in an email earlier. There isn't anything that suggests that this is coming from a Lawyer, neither does it have any letterhead of the company or this so called lawyer.

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."

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? Because I've had legal notices served before and I'm not sure why a lawyer would send and email like that which doesn't even mention the company's name. They are even asking to pay back a couple of thousands less. I don't understand why a company that is either talking about taking it to court would first wait for 6 months to send this and then also ask for less than the actual amount.

Also, could they send me a notice stating that I directly see them in court or does it have to me ask to pay up first, if not see you in court?


Asked on 11/28/14, 12:28 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

29.11.2014

Dear Nicole,

If you are holding Company's money, you have to immediately return it back to the Company, else you are unnecessarily inviting trouble for yourself.

Regards,

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Answered on 11/29/14, 3:00 am


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