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Writer's pictureSamuel Jones

What should you do if someone threatens legal action against you?


You have received a letter from a legal organisation who are threatening to take legal action against you. This could be in relation to a breach of contract, an unpaid debt or even the conduct of your favourite family pet.

In England and Wales, a Claimant does not need to show that you have read the letter, they only need to prove that they sent it to you.

Your first response may be to ignore the matter entirely and hope it goes away. However, whilst this is a common strategy for many people, the reality is that doing nothing will only make your situation worse in the long run. It is a risk that may be not worth taking and would not give you peace of mind. Sadly it is not out of the ordinary to see some people ignore legal proceedings until a court order has been issued against them. In the event that a claim is issued against you, it may affect your credit rating and it is therefore important that you take action right away.

If a court order has been made against you, and you wish to contest it then you would need to go to court to make an application to get the order set aside. If the Court thinks there was no good reason for your delay in responding to legal proceedings, then it is not likely you will succeed in overturning that order.

Furthermore, engaging in the legal process from the start is your opportunity to make sure that your best side is put forward. If you delay it could cost your legal representatives valuable time and make it more difficult for them to assist you.

If you do receive a letter from someone threatening legal action, do not panic. An initial letter does not actually mean that the claim will definitely succeed or that it has substance. The first step to take is to ensure that you read the contents of that letter thoroughly. If you are provided with a deadline in which to respond, note it down so that you do not forget and ensure that you seek advice well in advance of the deadline.

If you find yourself in this situation, do not ignore the matter. Instead, obtain legal advice by contacting us on 01992422128.

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