What is a legal notice?
A legal notice is a formal message sent to a person or an organisation notifying them that legal action will be taken against them. Sending a notice lets the other party know that you intend to file a lawsuit and informs them of your complaint and grievances.
It frequently works to subdue the other party, and the dispute is frequently settled out of court, long before it goes to trial, after constructive negotiations on all sides.
Why is a legal notice required before bringing a lawsuit?
A lawyer drafts a notice at the client’s request. A Legal Notice and a formal letter are frequently confused by people. Most Legal Notices are filed to clear up misunderstandings. It has been noted that issues may be resolved outside of court before a trial. Everyone knows of how expensive the Indian judicial system is; thus, individuals attempt to resolve their disputes through non-judicial means. This includes negotiation, arbitration, and mediation. These options are put out and chosen only based on the notice.
The significance of the legal notice
- To resolve before trial to save both time and money.
- A person can outline his complaints with the aid of an advocate.
- The person who received the notice learns about the alleged actions.
- If the matter is not handled individually, it is important to file the case in respectable courts.
Modes of sending a notice
In India, there are a number of various ways to deliver a legal notice, but registered mail is the most common way to send a notice. it may also be delivered electronically. However, this is less typical. You should always include the following details when mailing a notice:
- Name of the person or company you’re sending the notice to
- Date and time you sent the notice
- Document you’re sending with the notice
- Recipient’s address
- Recipient’s phone number
- Recipient’s email address
- Recipient’s signature
Also, if you’re sending a notice electronically, you should include the following information:
- Subject of the email
- Sender’s name
- Sender’s email address
- Recipient’s name
- Recipient’s phone number
- Recipient’s email address
- Recipient’s signature
Additionally, you must email the recipient a copy of the document you are providing with the notice. The receiver can get in touch with you to let you know if they don’t get the notice or if they reject it.
How to draft a legal notice?
- Connect to a professional lawyer
If the draft of a legal notice is not prepared by a legal attorney, a notice will merely be considered a general “notice.” It’s because only a lawyer has the authority to properly notify the accused person. So it’s crucial to look for a qualified attorney who specialises in the area. For this, you might get in touch with a law firm/attorney.
- In-depth case discussion
Discuss with your attorney all the pertinent information about the case. Do not be afraid to let her know that the other party owes you money/performance. Your attorney will be able to fully comprehend the matter with its aid. Only then will she be able to effectively create a legal notice against the accused?
- Documentation step
Gather all the information required or that you think might be essential for the attorney to draft a legal notice. The documentation should contain all of the addressee’s information as well as any relevant papers, such as receipts, affidavits, and other supporting documentation.
- Notice drafting process
It is advised that you shall draft the notice from an attorney to follow all the relevant steps before sending a notice. The components of the notice should be clear enough to use all legal jargon so that the court/tribunal will be able to grasp it in the case of dispute resolution.
- Information signatures on notice
The notice is mostly sent on behalf of the sender, which may not require the sender’s signature. But it is feasible for the receiver to adjudge the legal notice if the sender’s and the attorney’s signatures are posted on the it.
Important things to remember while writing a notice
- You should hire a lawyer to send a legal notice if you don’t have enough understanding of the law. It is recommended to include in your notice the timelines to revert or to enter into a negotiation or an indication to settle the dispute out of court.
- Your legal notice should be written in clear, understandable language. Refrain from using jargon and acronyms. The substance of your notice should be succinct and direct. Always try to make your points clearer by capitalising the relevant keywords and terms. The damages should be precise in the facts and figures.
- The recipient must receive a legal notice by registered mail from a registered postal agency. In order to demonstrate that you’ve previously notified the other party about the situation and consequences, you must also retain the post’s receipt as proof. It may be delivered through email to save time.
When should you send legal notices?
- Property disputes scenarios: Property disputes between two parties are a typical scenario of litigation in India involving civil property/land issues. The opposite party is given notice in the circumstances relating to real estate, tenancy, immovable property, family inheritance, etc.
- Personal clashes scenarios: You have the legal right to file a lawsuit if you disagree personally with your family members. You can accomplish this by serving notice for the matters like maintenance, child custody, restitution of conjugal rights, divorce, etc.:
- Customer complaints scenarios: Shortfalls in the performance of goods and services can be addressed by sending Legal Notice before registering a consumer complaint.
- Filing complaints against the employee: Industrial Relations issues can be addressed through a legal notice for the employees violating business policies which may put the Company at risk of serious repercussions. This may include the breach of employment contract, POSH, HR Policies, etc.
- Filing complaints against the employer: Labour Laws prevalent in India gives the employee the right to submit their grievances to the relevant authorities and may also send a legal notice to their if they are subjected to unfair payroll treatment, bigotry, injustice, or prejudice due to their race, religion, or ethnicity; unjust termination, unfair treatment of the workers, sexual harassment issues, etc.
- Bounce of check: According to Section 138 of the Negotiable Instruments Act, the issuer of the check may be sued if a check bounces. The prerequisite of the same is that the issuer must first be served with a legal notice.
How should a notice be written?
- General information: A sender must provide all of his information, including his complete name, current residential address, and other specifics about his profile, at the beginning of the notice.
- Testimony stating the reason behind taking this action: The sender is free to bolster his claim with any and all evidence, including the verbal exchange they had previously with the opposing party stating the testimony behind taking that action.
- Relief sought part: Usually, it is put in the final paragraph of the notice, and the sender must provide comprehensive information and a description of the requested relief.
What is the cost of drafting a legal notice?
The intricacy of the legal dispute between the parties and the attorney you have retained for this reason will determine the total cost of drafting a notice. You will be charged in accordance with his depth of knowledge in this area. The advocate’s education, university, professional background, and degree will also affect the cost.
Benefits of drafting a legal notice
- Attaining a mutually agreed outcome: Through it, both parties can legally address their underlying issues, conflicts, and opposing points of view that may benefit all parties equally, which helps the parties in conserving their mutual respect, bonds, understanding, time, and resources.
- Money-saving step: Filing Civil cases is a difficult task, and cutting a mid-step to save money entails sending a notice in order to avoid a drawn-out and expensive lawful process.
- Time-saving process: The length of time it takes to resolve a court matter might range from weeks to years, and sending a notice gives the other party a chance to think of resolving the issue
What to do in response to a legal notice?
After receiving a notice, you must first check the deadlines mentioned in it and convey the same to your attorney. Just because you received a Legal Notice does not automatically make you responsible for the allegations. You should still speak with a lawyer to go over your alternatives, even if you think the notice is invalid or that you don’t owe what is being claimed.
You may further make a decision on how to react to the notice. Although, disregarding it might lead to legal action being conducted against you by the sender. You can also opt to follow the notice’s instructions and perform the necessary tasks. Remember, before making this choice, you should get a legal attorney who may concur with your opinion.
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A legal notice is a formal message sent to a person or organisation informing them that legal action will be taken against them. It lets the other party know that you intend to file a lawsuit and informs them of your complaint and grievances.
A legal notice is required before bringing a lawsuit to resolve issues outside of court through negotiation, arbitration, and mediation. This saves both time and money, as the Indian judicial system is known to be expensive.
The legal notice allows a person to outline their complaints with the aid of an advocate, and the recipient of the notice learns about the alleged actions. It is important to file the case in respectable courts if the matter is not handled individually.
In India, registered mail is the most common way to send a legal notice. It may also be delivered electronically, but this is less typical. When sending a notice, you should include the person’s name or the company you’re sending it to, the date and time you sent it, the document you’re sending with it, the recipient’s address, phone number, email address, and signature.
To draft a legal notice, it is recommended to connect to a professional lawyer who can prepare a proper notice. The lawyer should have an in-depth discussion with the client about the case and gather all the necessary documentation. The notice drafting process should include clear and concise language and relevant keywords and terms. The notice can be signed on behalf of the sender and the lawyer. It is important to send the notice by registered mail from a registered postal agency or through email with a receipt as proof.