Purpose of Legal Notice
A communication sent to an entity or an individual to inform them formally that a person is intending to take legal action against them is referred to as a legal notice. Legal notices are sent prior to filing a lawsuit with a motive of warning the other party that a legal action could be under process if they do not abide by the conditions. Occasionally, legal notice served will bring the other party on heels or on amicable settlement, and the problem can get resolved out of court too, with fruitful discussions on both sides.
While the purpose and use of a legal notice might be known to many, how to send a legal notice still remains alesser known process. Thankfully, understanding how to send a legal notice is no rocket science. Here’s what you need to know.
In which cases are legal notices usually sent?
Commonly, legal notices are sent in cases that involve:
- A dispute over property
- Dishonoured cheque
- Disputes within the family involving distribution of the family assets
- Conflicts between husband and wife
- Complaints from consumers
- Complaints against employers where promised salaries or wages were not given
- Sexual harassment at the workplace
- Matrimonial issues
- Non payment of salaries
- Consumer related matters
Who can send legal notice?
Usually, a common man is not aware of legal jargons and terminologies. Therefore, hiring a qualified lawyer to draft your legal notice is the first and foremost step towards sending a legal notice.
When a legal professional is brought on board, they provide you their legal expertise which is required to put down facts with extreme caution and in the correct language during the drafting of the legal notice. Having the expertise of a lawyer in tow is essential because once a legal notice is sent, no alterations can be made to it. If you have mentioned anything in the legal notice that can be used against you in the court of law, it cannot be retracted once the notice is sent. Hence, it is important to be a 100 percent correct in the first go and for that, professional help is required.
How to send a legal notice: Explained step-by-step
Step 1- Contacting a Lawyer
As mentioned earlier, the first step towards sending a legal notice is to get a skilled lawyer on board. Any Indian language can be used to write the notice. However, English remains the common language to be used to draft legal notices.
Step 2- Sharing Information
During your consultation with the lawyer, make sure you discuss all the details related to the case with them. The details must include name of the party to whom you wish to send the notice, their address, all the important dates pertaining to the case, what issues you have faced, and if there have been any attempts made to solve it amicably in the past.
Step 3- Providing additional documents/information
Once the details are shared with the lawyer, they will go through them and draft a notice using all the relevant pieces of information. If any additional information is required, the lawyer will ask the client.
Step 4- Drafting
The lawyer then drafts the legal notice. Usually, a legal notice comprises of the following details:
- Names of both the parties
- All the facts related to the case and the grievances of the party sending the notice
- The compensation
- Signature of the lawyer who is sending the notice on the behalf of the client
Step 5- Signing and Dispatch
After the notice is drafted and signed, it is sent via a courier. The acknowledgement of the courier is retained and a copy is kept with the lawyer.