[SpamCop-List] Re: A bad call, now history, nothing to be done.
MikeE at ster.invalid
Sun Aug 8 13:24:39 EDT 2004
Frog Prince wrote:
> I'd be interested in cites regarding the valid use of email as a form
> of legal notice.
Don't confuse the various forms of legal notices. A legal notice can be
inscribed on the side of a watermelon and carried over your head down
Main Street if the court wanted it to be done that way - whereas other
forms of notifying someone legally have to be performed according to some
kinds of rules or options.
There is a lot of confusion over what constitutes a legal notice. For
example, an attorney can 'legally' notify someone just by sending them a
firstclass letter - or sending them such twice - and then satisfy the
judge that he notified by having his secretary or whoever sign an
affadavit that those letters were mailed with the USPS. There isn't
necessarily any such thing as 'requiring' a certified or registered or
return receipt or whatever form of legal notification - altho' that makes
a useful 'argument' to the court that the notification was accomplished
Other systems have other requirements. The requirements by small claims
court of the plaintiff for notification of the defendant might be more
'strenuous' than the 'legally satisfactory' notifcation to someone before
you start taking them to superior court.
kibitzer, not SC admin
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