Extrajudicial counterfeiting plays a crucial role in disputing, clarifying, or potentially bargaining the terms of a received extrajudicial notification.
Lawyers may find this document crucial for safeguarding their client’s interests, preventing disputes, and enhancing their defense in potential legal proceedings.
In this article, we will explore the process of creating a successful counter-notification, including deadlines and key points to consider when drafting it.
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What does an Extrajudicial Contranotification involve?
Extrajudicial counterfeiting is the official reaction to an extrajudicial notification, with the goal of:
- Dispute the claims stated in the initial notification.
- Provide reasons and evidence that oppose the purported facts.
- To negotiate a deal before taking action.
- Misunderstandings by slaves should be addressed to prevent the need for harsher actions.
Contranotification, similar to extrajudicial notification, lacks coercive power but can serve as written proof in legal cases, showing the stance of the notified party on the issue at hand.
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When should you reply to an Extrajudicial Notification?
Responding promptly to an extrajudicial notification can be crucial in certain situations.
- If the notification contains false information, the contranotification is used to set the record straight and provide accurate facts.
- When there is potential for agreement, contranotification can suggest a discussion to resolve the issue outside of court, either through supplementation or negotiation.
- The receiver does not agree with the requirements outlined and can officially express their disagreement through a counter notification.
- In some situations, failure to respond to deadlines could be seen as agreeing with the claims mentioned in the notification.
It is advisable for the lawyer to consider challenging or clarifying points raised in a notification, even if a response is not mandatory, to prevent potential harm to their clients in the future.
How can the Counternotification be submitted?
Choosing the method of sending a counter notification is crucial to ensure its validity and impact. Common choices include:
- Titles and Documents: guarantees registration and verification of delivery.
- Couriers providing Acknowledgement of Receipt (AR) are a practical option to confirm that the message reached the sender of the notification.
- In certain cases, an email certificate can be utilized to send a counter notification along with digital evidence.
- Personal delivery with a receipt signature by the original notifier is a recommended method for direct delivery with protocol.
What is the term used for submitting the Counternotification?
The law does not specify a set deadline for responding to an extrajudicial notice, but certain factors can impact the timeliness of the reply.
- It is advisable to adhere to any deadlines specified in the initial notification in order to prevent claims of inactivity.
- If not responding can negatively impact the notified party, the counter-notification should be promptly sent to avoid legal consequences.
- When a contranotification is intended to reach an agreement during negotiations, a quick response could help avoid harsher actions from the notifying party.
How to get ready for an Extrajudicial Counter Notification?
A contranotification must be written in a formal, clear, and objective manner, including specific key elements.
Identification of the Parties: Determining the involved individuals or entities.
- Sender and recipient’s complete name and CPF or CNPJ.
- Contact information and addresses of the parties concerned.
Notification received reference.
- Include the exact details of the notification you received, such as the date, reference number (if available), and a brief overview of its content.
- Identification of the sender of the initial notification.
Presentation of the Facts and Legal Arguments
- Quoting the allegations from the notification, along with providing evidence, documents, and facts to support the defense.
- Legal measures that can be applied to the situation.
- Clarification of potentially misunderstood or misrepresented points in the initial announcement.
Completion and Replenishment of Resources:
- Please submit the notification for filing, if required.
- If there is a willingness to resolve the conflict outside of court, negotiation can be considered.
- Suggestion of suitable actions if the conflict persists.
Shipping Signature and Average:
- The lawyer’s or the notified person’s signature.
- Definition of the most appropriate shipping method to guarantee proof of delivery.
Extrajudicial Models for Counternotification
Contranotification can vary in format depending on the circumstances. Look at two real-world examples.
Model for Claims Outside of Court Notifications
[Sender’s Name] [Email Address] [Tax ID Number]
To [Recipient’s Name][Address][Tax ID]
[Location], [Date]
Contranotification submitted in response to Extrajudicial Notification in [number]
Dear [Recipient’s Name],
I hereby formally object to the allegations stated in the Extrajudicial Notification [number] received on [date].
The points made in the notification do not align with the actual facts, as evidenced by the accompanying documentation. Specifically, it is observed that [clearly and objectively describe the basis for the challenge, referencing relevant legal or contractual provisions].
It is important to review the claims and submit the extrajudicial notification, as there is no legal justification for the requirements. Any future discussions should be conducted formally and with proper justification.
I look forward to a response within [X days] of receiving this.
Kindly,
[Sender’s Name][Signature]
Extrajudicial Proposal Model for Negotiation in Response to a Notification
[Sender’s Name] [Email Address] [Tax ID]
To: [Recipient Name][Address][Social Security Number][Date]
Negotiation Proposal regarding Counter Notification in response to Extrajudicial Notification received [number of notifications].
Dear [Recipient’s Name],
I received the Extrajudicial Notification on [date] and am submitting this contranotification to resolve the issue amicably after reviewing the facts.
I acknowledge the concern raised in the notification and see areas that need to be addressed, particularly regarding [specify contentious topic]. In order to reach a resolution, I suggest [offer a potential solution].
I am prepared to talk about the specifics of this negotiation and prevent the necessity for legal actions. I look forward to hearing from you within the specified timeframe.
Attentively present, [Threat’s Name][Signature]
Have you ever considered efficiently creating extrajudicial counter-notifications?
Extrajudicial counterfeiting is a crucial method for attorneys aiming to safeguard their clients’ interests, prevent unnecessary conflicts, and properly address received notifications.
Having a properly organized and legally sound document is crucial for challenging unjust claims, improving negotiation terms, and bolstering the position of the party being notified.
Legal AI allows lawyers to create a customized extrajudicial counter-notification model quickly and efficiently.
Our AI, created in accordance with existing laws, helps produce a precise and impartial document that includes all necessary components for a successful strategic defense.
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