Legal Notice is the formal communication to a person or entity informing him that we intend to undertake legal proceedings against him. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against him, if he fails to comply with some pre-specified condition.
When can you send a legal notice
The most common cases where legal notices are sent are property disputes, cheque dishonor, family disputes arising from asset distributions, marital disputes as a warning before taking legal action against the other spouse, consumer complaints and cases where salary commitments are not followed.
Importance of filing a Legal Notice?
Certain situations may arise where you get confused about how to initiate legal action in order to resolve your matter. The filing of a legal notice gives a new beginning to your journey of litigation. Therefore it has various aspects in which it is important:
By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.
A person can easily describe his grievance in a legal notice with the help of an Advocate.
It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.
Essentials of Legal Notice:
Name, description, and place of residence of the sender of the notice.
Statement of cause of action
The relief claimed by the sender of the notice.
Summary of the legal basis for the relief claimed.
Points to be noted while drafting Legal Notice:
One can draft a legal notice on their own, however, contacting a lawyer is always a better option.
Make sure the notice is drafted in lawyer’s letter pad.
Prefer colour printout of the notice where lawyer’s logo, if any is available.
Always keep two copies of notice, one with you one with your lawyer.
Post the notice in an envelope having lawyers logo. Ask him to provide the envelope.
Client’s and lawyer’s signature is a must in the notice.
Following is the procedure for filing a Legal Notice:
Step 1: Seek for an advocate who possesses good drafting skills. A Legal Notice can be sent in any of the Indian languages but usually English is a preferred choice. The Notice should address the opposite party against whom you want to file a complaint or suit.
Step 2: While Consulting to your advocate, explain the information in detail with names of the parties involved, the address of the parties, dates of transaction done or need to be done, problems or issues faced any previous attempts of communication, etc.
Step 3: Advocate then carefully examines the matter through the information provided, makes relevant and required points in the conversation with you and looks for any additional information if required.
Step 4: The advocate then starts the drafting of the legal notice in the legal language clearly stating the reason for the sending of notice, all previous communications with the addressee regarding the grievances of the sender and provides a reasonable time frame of 15 days or 30 days to the addressee to settle the matter in hand by negotiating and performing the required action.
Usually lawyers on behalf of the sender of the notice depending on their grievance stress on the action to be performed in the mentioned time period to either fulfill the demand or seek for a reply.
Step 5: The notice is then signed by both the advocate and the client and is sent to Registered AD post and it is ensured that the acknowledgment is retained. Usually, advocate keeps a copy of the notice with him/her.
Step 6: It is expected that the other party will reply to the notice after they receive the notice, but as a usual practice, the advocate calls the other party after some time.