HOW TO SEND A LEGAL NOTICE?
Author: Deepanshi Kalra
A legal notice is a formal written document that is sent by the aggrieved person or through a lawyer to the receiver to inform them that legal action will be taken against them. This notice is sent when one person has a grievance with the other or over some mutual dispute which the aggrieved wants to get resolved through court.
The necessity of sending a legal notice might arise in the following instances –
- Property dispute
- Cheque bounce
- Consumer complaint
- Recovery of money
- Notice by employer
The purpose of sending the legal notice is to provide the receiver an opportunity to solve the matter amicably outside the court.
When a legal notice is sent before filing a suit it helps the aggrieved to showcase that in the pleadings if at all they take place, that the opportunity was provided to resolve the dispute, also to ensure that the receiver has enough time to contemplate the issue and represent his case if required. The time is specified in the notice as a warning after which the suit will be moved to the court concerning that mutual grievance.
ESSENTIALS OF A LEGAL NOTICE
- Place of residence
- Reason/grounds of the cause of action
- Relief if intended
- Any alternate compensation
- Summary of facts and grievance
- Every detail about the issue
- Sign of the lawyer and the client
STEPS TO SEND A LEGAL NOTICE
Approach a lawyer to draft the notice. Get the notice drafted in any language on the lawyer’s letterhead or if by yourself then on a plain paper.
Explain to the lawyer all the details of the grievance so that all the information is mentioned in the order. All the details including the identity of the receiver, addresses, issues raised, commitments if any, etc. should be noted.
All the required information must be stated in consonance with the facts and circumstances concerning the grievance in points and paras in the notice.
A clear reason for sending the notice along with an alternative for compensation or any other relief with a stipulated time as a warning must be presented either to get a demand fulfilled or seek a reply.
After mentioning the prerequisites proofread the notice and sign it. The notice is supposed to be signed duly by both the aggrieved client and the lawyer drafting the notice.
Send the notice through a registered post or courier and retain the receipt of acknowledgment. Keep a copy of the notice as well.
The lawyer can follow up with the receiver regarding the notice and arrange a meeting or discussion to resolve the matters out of court if agreed upon. Otherwise, the suit can be filed in the court to seek help regarding the grievance after the time mentioned in the legal notice is over.
The legal procedure of sending a legal notice is fairly simple. In each case, there is a different time limit which is stipulated in the notice for the other side to respond. The notice is sent in a civil matter and not a criminal matter. It is not mandatory to send a legal notice before initiating a suit against anyone however it is advisable to send one. According to section 80 of The Code of Civil Procedure, it is mandatory to send a legal notice if there is a grievance with a government or public officer until the expiration of two months of doing any act in an official capacity during the duty.
Many times a matter is solved without approaching the court for the same. When parties receive legal notice they actively focus on solving conflicts without engaging in the tiring litigation process. Therefore, legal notices are an important component and play a vital role at the first step in the legal arena and must be drafted and sent systematically as it forms the basis of documentation when a petition is filed before the court.
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