In law there are many different meanings to the word notice. Notice can make or break a legal case, and can have significant impacts on your legal rights. It is important to understand the different types of notice. Here are just a couple examples:
1. ACTUAL NOTICE: n. having been informed directly of something or having seen it occur, as distinguished from constructive notice (e.g. a notice was mailed but not received, published in a newspaper, or placed in official records).
2. ADEQUATE NOTICE: The Truth in Lending Act requires lenders to disclose key terms of a credit arrangement to borrowers before they sign the agreement. The concept of adequate notice is designed to protect the consumer by ensuring they are made aware of all the key details of a proposed credit arrangement.
3. CONSTRUCTIVE NOTICE: n. a fiction that a person got notice even though actual notice was not personally delivered to him/her. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) in a divorce action. The legal advertisement of the summons in an approved newspaper is treated as constructive notice, just as if the summons and petition had been served personally.
4. DUE NOTICE: Information that must be given or made available to a particular person or to the public within a legally mandated period of time so that its recipient will have the opportunity to respond to a situation or to allegations that affect the individual's or public's legal rights or duties. Due notice is not a fixed period of time in every instance but varies from case to case, depending upon the facts and the applicable statutory requirements. In some situations, it might be a specified time; in others, it might be considered a reasonable time, thereby presenting a question of fact in a lawsuit to determine if timely notice has been given.
5. FRAUD ADVISORY NOTICE AS PER THE FLORIDA PIP STATUTE: Upon receiving NOTICE of a claim under this section, an insurer shall provide a NOTICE to the insured or to a person for whom a claim for reimbursement for diagnosis or treatment of injuries has been filed, advising that: (a)Pursuant to s. 626.9892, the Department of Financial Services may pay rewards of up to $25,000 to persons providing information leading to the arrest and conviction of persons committing crimes investigated by the Division of Insurance Fraud arising from violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234. (b)Solicitation of a person injured in a motor vehicle crash for purposes of filing personal injury protection or tort claims could be a violation of s. 817.234, s. 817.505, or the rules regulating The Florida Bar and should be immediately reported to the Division of Insurance Fraud if such conduct has taken place.
6. IMPLIED NOTICE: notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of knowing a particular fact and that is considered a form of actual notice
7. IMPUTED NOTICE: Information regarding particular facts or circumstances that the law permits to affect the legal rights of a person who has no firsthand knowledge of them but who should have learned of them because his or her agent or representative had direct knowledge of that information and a duty to report it to him or her.
8. INQUIRY NOTICE: Notice deemed to have been received by a party, due to the party's knowledge of other information that would have caused a reasonable person to inquire further.
9. JUDICIAL NOTICE: n. the authority of a judge to accept as facts certain matters which are of common knowledge from sources which guarantee accuracy or are a matter of official record, without the need for evidence establishing the fact. Examples of matters given judicial notice are public and court records, tides, times of sunset and sunrise, government rainfall and temperature records, known historic events or the fact that ice melts in the sun.
10. NOTICE: n. 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle of fairness and due process in legal procedure and must be given to both parties, to all those affected by a lawsuit or legal proceeding, to the opposing attorney and to the court. In short, neither a party nor the court can operate in secret, make private overtures or conceal actions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court. Thereafter, if a party is represented by an attorney, notice can usually be given to the attorney by mail. If there is a so-called ex parte hearing (an emergency session with a judge with only the requesting party or his/her attorney present) the party wanting the hearing must make a diligent attempt to give notice to the other party. A court may allow "constructive" notice by publication in an approved legal newspaper of a summons in a lawsuit. Examples: in a divorce action, publication gives constructive notice to a spouse known to have left the state or hiding to avoid service; in a quiet title action, notice by publication is given to alert unknown descendants of a dead person who may have had an interest in the real property which is the subject of a lawsuit. Recordation of deeds, mortgages, deeds of trust, easements, leases and other documents affecting real property title give "constructive" notice to the general public, and thus "constructive" notice to anyone interested in the property, without delivering notice to individuals. 2) a writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose, notice to pay rent or quit (leave) or other notice required by the agreement, mortgage, deed of trust or statute. 3) information. 4) being informed of a fact, or should have known based on the circumstances, as "he had notice that the roof was not water-tight."
11. NOTICE BY PUBLICATION: notice published in a public medium (as a newspaper) that is used, allowed, or required esp. in matters of public concern, land, or estates or after due diligence in attempting personal service of process
12. NOTICE OF AN AUTOMOBILE ACCIDENT as per the FLORIDA PIP STATUTE .627.736 Required personal injury protection benefits; exclusions; priority; claims. (4)BENEFITS; WHEN DUE.—Benefits due from an insurer under ss. 627.730-627.7405 shall be primary, except that benefits received under any workers' compensation law shall be credited against the benefits provided by subsection (1) and shall be due and payable as loss accrues, upon receipt of reasonable proof of such loss and the amount of expenses and loss incurred which are covered by the policy issued under ss. 627.730-627.7405. When the Agency for Health Care Administration provides, pays, or becomes liable for medical assistance under the Medicaid program related to injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle, benefits under ss. 627.730-627.7405 shall be subject to the provisions of the Medicaid program. (a)An insurer may require written NOTICE to be given as soon as practicable after an accident involving a motor vehicle with respect to which the policy affords the security required by ss. 627.730-627.7405. (b)Personal injury protection insurance benefits paid pursuant to this section shall be overdue if not paid within 30 days after the insurer is furnished written NOTICE of the fact of a covered loss and of the amount of same. If such written NOTICE is not furnished to the insurer as to the entire claim, any partial amount supported by written NOTICE is overdue if not paid within 30 days after such written NOTICE is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written NOTICE is overdue if not paid within 30 days after such written NOTICE is furnished to the insurer. When an insurer pays only a portion of a claim or rejects a claim, the insurer shall provide at the time of the partial payment or rejection an itemized specification of each item that the insurer had reduced, omitted, or declined to pay and any information that the insurer desires the claimant to consider related to the medical necessity of the denied treatment or to explain the reasonableness of the reduced charge, provided that this shall not limit the introduction of evidence at trial; and the insurer shall include the name and address of the person to whom the claimant should respond and a claim number to be referenced in future correspondence. However, notwithstanding the fact that written NOTICE has been furnished to the insurer, any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as being made on the date a draft or other valid instrument which is equivalent to payment was placed in the United States mail in a properly addressed, postpaid envelope or, if not so posted, on the date of delivery. This paragraph does not preclude or limit the ability of the insurer to assert that the claim was unrelated, was not medically necessary, or was unreasonable or that the amount of the charge was in excess of that permitted under, or in violation of, subsection (5). Such assertion by the insurer may be made at any time, including after payment of the claim or after the 30-day time period for payment set forth in this paragraph. (c)Upon receiving NOTICE of an accident that is potentially covered by personal injury protection benefits, the insurer must reserve $5,000 of personal injury protection benefits for payment to physicians licensed under chapter 458 or chapter 459 or dentists licensed under chapter 466 who provide emergency services and care, as defined in s. 395.002(9), or who provide hospital inpatient care. The amount required to be held in reserve may be used only to pay claims from such physicians or dentists until 30 days after the date the insurer receives NOTICE of the accident. After the 30-day period, any amount of the reserve for which the insurer has not received NOTICE of a claim from a physician or dentist who provided emergency services and care or who provided hospital inpatient care may then be used by the insurer to pay other claims. The time periods specified in paragraph (b) for required payment of personal injury protection benefits shall be tolled for the period of time that an insurer is required by this paragraph to hold payment of a claim that is not from a physician or dentist who provided emergency services and care or who provided hospital inpatient care to the extent that the personal injury protection benefits not held in reserve are insufficient to pay the claim. This paragraph does not require an insurer to establish a claim reserve for insurance accounting purposes. (d)All overdue payments shall bear simple interest at the rate established under s. 55.03 or the rate established in the insurance contract, whichever is greater, for the year in which the payment became overdue, calculated from the date the insurer was furnished with written NOTICE of the amount of covered loss. Interest shall be due at the time payment of the overdue claim is made.
13. NOTICE OF APPEAL: A formal written notice, filed with the court and served on the other parties, as required by procedural rules, that a party intends to appeal a judgment or order.
14. NOTICE OF APPEARANCE: A written document filed with the court (or in some cases, a verbal representation made in court) to notify it and the other parties that a party wishes to appear in or receive notice of the proceedings. An attorney's written or verbal notice to the court that he or she represents one of the parties.
15. NOTICE OF CANCELLATION OF AUTO INSURANCE POLICY AS DEFINED BY FLORIDA STATUTES 627.728 AUTO INSURANCE: Cancellations; nonrenewals. (1) As used in this section, the term: (a) "Policy" means the bodily injury and property damage liability, personal injury protection, medical payments, comprehensive, collision, and uninsured motorist coverage portions of a policy of motor vehicle insurance delivered or issued for delivery in this state: 1. Insuring a natural person as named insured or one or more related individuals resident of the same household; and 2. Insuring only a motor vehicle of the private passenger type or station wagon type which is not used as a public or livery conveyance for passengers or rented to others; or insuring any other four-wheel motor vehicle having a load capacity of 1,500 pounds or less which is not used in the occupation, profession, or business of the insured other than farming; other than any policy issued under an automobile insurance assigned risk plan; insuring more than four automobiles; or covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards. The term "policy" does not include a binder as defined in s. 627.420 unless the duration of the binder period exceeds 60 days. (b) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or NOTICE extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than 6 months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of 6 months. (c) "Nonpayment of premium" means failure of the named insured to discharge when due any of her or his obligations in connection with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit, or failure to maintain membership in an organization if such membership is a condition precedent to insurance coverage. "Nonpayment of premium" also means the failure of a financial institution to honor an insurance applicant's check after delivery to a licensed agent for payment of a premium, even if the agent has previously delivered or transferred the premium to the insurer; further, if the dishonored check represents the initial premium payment, the contract shall be void ab initio unless the nonpayment is cured within the earlier of 5 days after actual NOTICE by certified mail is received by the applicant or 15 days after NOTICE is sent to the applicant by certified mail or registered mail, and if the contract is void, any premium received by the insurer from a third party shall be refunded to that party in full. If a dishonored check is made payable to the insurer, the insurer may cancel the policy in accordance with paragraph (3)(a). (2) No NOTICE of cancellation of a policy shall be effective unless it is based on one or more of the following grounds: (a) Nonpayment of premium. (b) Material misrepresentation or fraud. (c) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or the 180 days immediately preceding its effective date or, if the policy is a renewal, during its policy period. This subsection shall not apply to any policy which has been in effect less than 60 days at the time NOTICE of cancellation is mailed or delivered by the insurer unless it is a renewal policy. Nothing in this subsection shall apply to nonrenewal. (3)(a) No NOTICE of cancellation of a policy to which this section applies shall be effective unless mailed or delivered by the insurer to the named insured and to the named insured's insurance agent at least 45 days prior to the effective date of cancellation, except that, when cancellation is for nonpayment of premium, at least 10 days' NOTICE of cancellation accompanied by the reason therefor shall be given. No NOTICE of cancellation of a policy to which this section applies shall be effective unless the reason or reasons for cancellation accompany the NOTICE of cancellation. (b) Nothing in this subsection shall apply to nonrenewal. (c) Nothing in this subsection shall apply in cases in which the premium has been financed and the premium finance company has complied with the NOTICE provisions of s. 627.828. (4)(a) No insurer shall fail to renew a policy unless it mails or delivers to the named insured, at the address shown in the policy, and to the named insured's insurance agent at her or his business address, at least 45 days' advance NOTICE of its intention not to renew; and the reasons for refusal to renew must accompany such NOTICE. This subsection does not apply: 1. If the insurer has manifested its willingness to renew; or 2. In case of nonpayment of premium. Notwithstanding the failure of an insurer to comply with this subsection, the policy shall terminate on the effective date of any other automobile liability insurance policy procured by the insured with respect to any automobile designated in both policies. Unless a written explanation for refusal to renew accompanies the NOTICE of intention not to renew, the policy shall remain in full force and effect. (b) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal. (c) No insurer shall fail to renew a policy for reasons based entirely on the sex, occupation, marital status, residence, military service, or age of the insured, or on the principal place of garaging the insured vehicle in this state, or based on any combination of such factors. No insurer shall fail to renew a policy for reasons based on the race, color, creed, or national origin of the insured or for any reason which is arbitrary or capricious. (d) Instead of canceling or nonrenewing a policy, an insurer may, upon expiration of the policy term, transfer a policy to another insurer under the same ownership or management as the transferring insurer, by giving the named insured at least 45 days' advance NOTICE of its intent to transfer the policy and of the premium and the specific reasons for any increase in the premium. (5) United States postal proof of mailing or certified or registered mailing of NOTICE of cancellation, of intention not to renew, or of reasons for cancellation, or of the intention of the insurer to issue a policy by an insurer under the same ownership or management, to the named insured at the address shown in the policy shall be sufficient proof of NOTICE. (6) When a policy is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy to which subsection (4) applies, the insurer shall notify the named insured of her or his possible eligibility for insurance through the Automobile Joint Underwriting Association. Such NOTICE shall accompany or be included in the NOTICE of cancellation or the NOTICE of intent not to renew and shall state that such NOTICE of availability of the Automobile Joint Underwriting Association is given pursuant to this section. (7) Except in the case of cancellation for nonpayment of premium or nonrenewal of the policy, the NOTICE of cancellation as provided by this section must contain the following words which are to be prominently displayed: "You are permitted by law to appeal this cancellation. An appeal must be filed no later than 20 days before the effective date of cancellation set forth in this NOTICE. Forms for such appeal and the regulations pertaining thereto may be obtained from the office. The office does not have the authority to extend the effective date of cancellation; therefore you should obtain replacement coverage prior to the effective date of cancellation." (8)(a) Within 2 working days after receipt of a timely appeal of the NOTICE of cancellation, the office shall initiate a proceeding. If informal procedures fail to resolve the appeal, the office shall, upon request of the insured, call a hearing upon 10 days' NOTICE to the parties to be held by a disinterested employee of the office. Proceedings pursuant to this subsection are not subject to the provisions of chapter 120. (b) Each insurer subject to this section shall maintain on file with the office the name and address of the person authorized to receive NOTICEs pursuant to this section on behalf of the insurer. (c) The office shall, at the conclusion of the proceeding or hearing or not later than 2 working days thereafter, issue its written findings to the parties; and, if it finds for the named insured, it shall either order the insurer to rescind its NOTICE of cancellation or, if the date cancellation is to be effective has elapsed, order the policy reinstated from the date of cancellation, and such coverage shall be continuous to, and shall operate prospectively from, the date of cancellation. However, no policy shall be reinstated while the named insured is in arrears in payment of premium on such policy. If the office finds for the insurer, its written findings shall so state. (d) Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration, termination, or anniversary date provided in the policy. Upon such reinstatement, costs and attorney's fees may be assessed by the office and paid to the named insured by an insurer who has wrongfully canceled a policy, as determined by the proceeding or hearing provided for in paragraph ©). (9) The office shall deposit all fees provided for in this section into the Insurance Regulatory Trust Fund. (10) No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this section, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization; however, this section shall provide no immunity for disclosing or furnishing false information through gross negligence or with malice or willful intent to injure any person. (11) There shall be no liability on the part of, and no cause of any action of any nature shall arise against, any insurer or its authorized representatives, agents, or employees of any firm, person, or corporation furnishing to the insurer or insured information as to reasons for cancellation or refusal to renew, for any statement made by any of them in any written NOTICE of cancellation or refusal to renew, for the providing of information pertaining thereto, or for statements made or evidence submitted at any hearing conducted in connection therewith; provided that this subsection shall provide no immunity for disclosing or furnishing false information through gross negligence or with malice or willful intent to injure any person. (12) No later than 10 business days after termination of a policy subject to this section, the insurer must send written or electronic NOTICE of the termination to all holders of liens on the subject vehicle which lienholders are known to the insurer. Electronic NOTICE is valid only by prior agreement between the insurer and the lienholder.
16. NOTICE OF DEFAULT: n. a notice to a borrower with property as security under a mortgage or deed of trust that he/she is delinquent in payments. If the delinquency (money owed and late), plus costs of preparing the legal papers for the default, are not paid within a certain time, foreclosure proceedings may be commenced. Other people with funds secured by the same property are usually entitled to receive copies of the notice of default.
17. NOTICE OF DEMAND LETTER AS PER THE FLORIDA PIP STATUTE: DEMAND LETTER.— (a)As a condition precedent to filing any action for benefits under this section, the insurer must be provided with written NOTICE of an intent to initiate litigation. Such NOTICE may not be sent until the claim is overdue, including any additional time the insurer has to pay the claim pursuant to paragraph (4)(b). (b)The NOTICE required shall state that it is a "demand letter under s. 627.736(10)" and shall state with specificity: 1.The name of the insured upon which such benefits are being sought, including a copy of the assignment giving rights to the claimant if the claimant is not the insured. 2.The claim number or policy number upon which such claim was originally submitted to the insurer. 3.To the extent applicable, the name of any medical provider who rendered to an insured the treatment, services, accommodations, or supplies that form the basis of such claim; and an itemized statement specifying each exact amount, the date of treatment, service, or accommodation, and the type of benefit claimed to be due. A completed form satisfying the requirements of paragraph (5)(d) or the lost-wage statement previously submitted may be used as the itemized statement. To the extent that the demand involves an insurer's withdrawal of payment under paragraph (7)(a) for future treatment not yet rendered, the claimant shall attach a copy of the insurer's NOTICE withdrawing such payment and an itemized statement of the type, frequency, and duration of future treatment claimed to be reasonable and medically necessary. (c)Each NOTICE required by this subsection must be delivered to the insurer by United States certified or registered mail, return receipt requested. Such postal costs shall be reimbursed by the insurer if so requested by the claimant in the NOTICE, when the insurer pays the claim. Such NOTICE must be sent to the person and address specified by the insurer for the purposes of receiving NOTICEs under this subsection. Each licensed insurer, whether domestic, foreign, or alien, shall file with the office designation of the name and address of the person to whom NOTICEs pursuant to this subsection shall be sent which the office shall make available on its Internet website. The name and address on file with the office pursuant to s. 624.422 shall be deemed the authorized representative to accept NOTICE pursuant to this subsection in the event no other designation has been made. (d)If, within 30 days after receipt of NOTICE by the insurer, the overdue claim specified in the NOTICE is paid by the insurer together with applicable interest and a penalty of 10 percent of the overdue amount paid by the insurer, subject to a maximum penalty of $250, no action may be brought against the insurer. If the demand involves an insurer's withdrawal of payment under paragraph (7)(a) for future treatment not yet rendered, no action may be brought against the insurer if, within 30 days after its receipt of the NOTICE, the insurer mails to the person filing the NOTICE a written statement of the insurer's agreement to pay for such treatment in accordance with the NOTICE and to pay a penalty of 10 percent, subject to a maximum penalty of $250, when it pays for such future treatment in accordance with the requirements of this section. To the extent the insurer determines not to pay any amount demanded, the penalty shall not be payable in any subsequent action. For purposes of this subsection, payment or the insurer's agreement shall be treated as being made on the date a draft or other valid instrument that is equivalent to payment, or the insurer's written statement of agreement, is placed in the United States mail in a properly addressed, postpaid envelope, or if not so posted, on the date of delivery. The insurer is not obligated to pay any attorney's fees if the insurer pays the claim or mails its agreement to pay for future treatment within the time prescribed by this subsection. (e)The applicable statute of limitation for an action under this section shall be tolled for a period of 30 business days by the mailing of the NOTICE required by this subsection. (f)Any insurer making a general business practice of not paying valid claims until receipt of the NOTICE required by this subsection is engaging in an unfair trade practice under the insurance code.
18. NOTICE OF MOTION: A party's written notice, under applicable procedural rules, that it is requesting the court's determination on an issue pertaining to a pending litigation. Motions are typically used to resolve procedural issues such as discovery disputes or issues of the excludability of evidence, but may also seek dismissal of the case on the grounds that the pleadings do not state a cause of action, or summary judgment on the grounds that there is no disputed fact issue on which the other party could prevail.
19. NOTICE PLEADING: pleading that is characterized esp. by a simplified description sufficient to give notice of a claim or defense rather than by a technical account of any facts pertinent to the claim or defense
20. NOTICE TO CREDITORS: A public notice to the creditors and debtors of an estate. The notice to creditors is usually posted in the public newspaper. The notice requests all interested parties to appear in court and either present their claim or make their payment. A notice to creditors is also filed for bankruptcy proceedings, as well as for estate adjudication. In the event of bankruptcy, the notice is filed before the first meeting of creditors. This meeting is where creditors gather to make their claims against the defendant.
21. NOTICE TO QUIT: n. the notice given by a landlord (owner) to a tenant to leave the premises (quit) either by a certain date (usually 30 days) or to pay overdue rent or correct some other default (having pets, having caused damage, too many roommates, using the property for illegal purposes, etc.) within a short time (usually three days). A notice to quit must contain certain information, such as: names of the persons to leave, whether their tenancy is by written or oral agreement, an amount of any financial delinquency and the period it covers, and to whom they should surrender the premises. If the tenant is month-to-month, a notice to quit without reference to default usually requires no reason. Although state laws vary, generally the notice must be served personally on the tenant or posted in a prominent place like the front door with a copy sent by certified mail. Such notice and failure of the tenant to quit (leave) is a requirement to bring a lawsuit for unlawful detainer (often referred to as "eviction").
22. PERSONAL NOTICE: Actual notice received directly by the person for whom it was intended.
23. TAX LIEN NOTICE: An IRS announcement of a tax debt recorded at a government record's office in the county where the debtor resides or the business is located.
24. THIRTY DAY NOTICE: n. a notice by a landlord to a tenant on a month-to-month tenancy or a holdover tenant to leave the premises within 30 days. Such notice does not have to state any reason and is not based on failure to pay rent. The landlord's service of the notice and the tenant's failure to vacate at the end of 30 days provide the basis for a lawsuit for unlawful detainer (eviction) and a court judgment ordering the tenant to leave. While this is a common notice period, it does not apply in all states or all circumstances, such as local rent control ordinance