Any Legal Notice
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Any Legal Notice
A legal notice is a way of intimation by one person to another with respect to any ambiguity or grievance or potential lawsuit. Here, ‘person’ can be individuals, companies, government officials, etc. A legal notice is usually sent as a precursor to a probable lawsuit. The purpose of a legal notice can be anything ranging from a warning to a legal mandate under certain provisions. The receiver can choose to comply with the conditions and/ or actions listed out in the notice or they may disregard it and proceed with the lawsuit against them.
Legal notices are sent in civil cases in various situations:
- Matrimonial matters
- Property disputes
- Issues concerning negotiable instruments
- Violation of an agreement
- Issues concerning any sort of non-payment against a due amount
- Any other related issue
Importance of Legal Notice
Sending a legal notice marks the commencement of potential litigation. If the terms of the legal notice are met with or the grievance referred to are resolved, there would be no ground for a cause of action and the notice would have served its purpose. If these grievances are not addressed, a legal notice must be served before initiation of a lawsuit.
In some cases, it becomes mandatory by virtue of the law to serve a legal notice before commencement of any legal proceedings. Such situations may include but are not limited to cheque bounce and proceedings against the government or a public officer.
Serving a legal notice may resolve a dispute in its initial stage before transforming into a lawsuit, hence saving the time and resources of both parties and also giving a fair opportunity to the receiver to express their rebuttal.
Benefits & Advantages
- Saves time as legal proceeding takes a lot of time and effort
- Saves money as litigation costs huge amount of money
- First step to initiate a civil suit and provide a chance to put forward their issues and grievances
- Provides a fair chance to resolve the issue and grievances in the beginning without entering into a civil suit procedure
Contents of a Legal Notice
A legal notice must contain several essential elements for it to be effective. It must include the sender’s details, the receiver’s details (as far as can be ascertained), grievance, and how the receiver can resolve their liability with respect to the grievance.
For instance, a legal notice under Section 80 of the Civil Procedure Code, 1908 shall contain:
- Basic details of the sender including his/ her name and address
- Description of grievance (Statement for cause of action)
- Relief or action sought by the sender
- Basis for the cause of action (right(s) violated)
Process to send legal notice
STEP 1: Drafting of the legal notice
STEP 2: Signing of the legal notice by the lawyer and the Sender
STEP 3: Sending the notice through Registered Post or through Courier, with a copy kept for reference along with the acknowledgement of dispatch
Process to send reply of a legal notice
STEP 1: Read the notice properly in order to understand the raised concerns and issues.
STEP 2: Initiate a conversation (if the issue can be resolved through conversation)
STEP 3: Contact Filecrat for further procedures within stipulated time.
STEP 4: Draft a reply of the legal notice and send it through Registered Post or through Courier, with a copy kept for reference along with the acknowledgement of dispatch.
- Consultation with our Expert
- One Legal Notice or Reply to a Notice
- 1st Draft of the document
- Final Draft of document after revision
- Short note on Background of the issue
- Brief description of goods/ service involved
- Supporting agreement, if any
- Proof of any payment, if applicable
There is no set limitation period for sending a legal notice, except in certain circumstances.
No, it is not mandatory to send a legal notice except in certain circumstances. Although, it is generally advisable to send a notice before initiating a lawsuit.
In such cases, it becomes important to establish that the notice was duly received by the receiver and yet was not replied to. This helps in tipping the scales in favour of the sender hence, increasing the chances of a favorable adjudication.
No, it is not mandatory to reply back to a legal notice but is advisable to do so.
A legal notice can be sent through any of the following medium:
- Registered Post
- E-mail of the person
WhatsApp (Also accepted nowadays if the above-mentioned mediums are not available or known) [Blue tick and hard copy is important for further procedure]
No, it is not required to duly stamp a legal notice.
No, it is not compulsory but advised to take professional help for smooth procedure.
No, a legal notice is not required to be notarized.