Legal Notice

Introduction

Sometimes without going through the long-drawn process of the litigation it is possible to resolve the matter through a mere legal notice. By sending a legal notice helps in most of the cases by resolving the actual dispute or issue with the clear intention of filing a lawsuit against the other party, consequently the other party opts for a settlement or resolving the legal issue to escape liability or damages in an amicable manner. A persons’ grievances can be easily described in a legal notice

A “Legal Notice” is the legal intimation sent by the person aggrieved to the opponent indicating his/her intention to file a lawsuit against the concern in case of the demand mentioned in the relevant notice is not being fulfilled.

Therefore, in a nutshell the legal notice can be defined as the formal communication to any person or a legal entity intimating the other party of the intention to undertake legal proceedings against them. This notice helps to convey your intention to the parties regarding your grievances.

Legal Window has a team of experts providing you with the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to legal drafting of notices. You may get in touch with our team on 072407-51000 or email admin@legalwindow.in

When a legal Notice is sent

A legal notice is issued generally by an advocate appointed by the person aggrieved on behalf of his or her client for the purpose of soliciting a settlement.

There are various reasons for which legal notice can be sent to a person or a legal entity, following are the most common reasons for which legal notice may be sent :-

Property related issues or disputes like mortgage

Delay in possession of the house delivery by the builder

Eviction of the tenant on the unreasonable grounds

Partition of family, the property, etc.

Notice for terminating employees wrongfully or unpaid salary to the employer;

Violation of the rights of employees by the employer etc;

Notice for violation of the Human Resource policies or committing sexual harassment at workplace or leaving the job without dropping the resignation letter or violation of any provision of the employment agreement etc to any employee

Notice to any company engaged in manufacturing or providing services of contaminated/low standard quality product or negligent services or fraudulent advertisement etc.

In case of cheque bounce notice is issued to the issuer of the cheque.

Notice may be sent in case of personal conflicts for instance divorce or the child custody or division of maternal property etc.

Advantages of Sending The Legal Notice

Reaching at Common consensus

Sending a legal notice provides a chance to both the parties to reach a common decision. It enables them to put forward their grievances and complaints.



Saving 
time

As we know the time consumed during the court cases which is very troublesome for both the parties. Sending notice provides the parties the chance to save their time.


Saving
 Money

It is well-known that the process of Litigation requires and consumes a lot of money, the communication procedure through notice gives a midway to both of the parties.


Providing a fair and reasonable chance

Legal notice is one of the important parts of the adjudication process which provides a fair & reasonable chance to settle the issues or the disputed points and to intimate the same to the parties of the legal action.

Contents of The Legal Notice

The Legal Notice must include the following things:

Name, description and the residential address of the sender

Name & address of the person to whom legal notice is issued

Material facts

Cause of Action or Summary of the fact

No Minimum Capital requirement.

Signature of Lawyer and his/her Client is a must.

Reasonable time for replying the notice by a receiver

Process of Drafting Of Legal Notice

1. Placing request
As we receive a request from you for drafting of legal notice, our expert team will share a questionnaire to be filed by you for taking your request forward.


2. Drafting of Notice
After receiving the said questionnaire and the information relevant for drafting of the notice, our expert lawyers will begin to draft the same and if in need we require any other information the same will be sought by us through a call. The drafting of notice might take 2-4 business days.

3. Sharing of Ist draft
Once the notice is ready from our side we will share a draft of the same with you for final approval. If you find the same in order the final copy will be shared in a day and if corrections or additions are required then the same will be revised and verified by our team

4. Sharing of Final Agreement
Our experts will do the needful and the same will be shared with you as final Legal Notice after which further process shall be followed for its delivery.

Sample of Legal Notice

FAQ's on Legal Notice

Is serving of legal notice mandatory?

As stated in Section 80 of the Code of Civil Procedure, 1908 it is mandatory to serve a legal notice to the opponent before the filing of a lawsuit if such opposite party is Government or Public officer.

Generally, a legal notice is served before the filing of all the Civil cases. Though, it is not mandatory to serve a legal notice in all the civil cases except in case of Government or Public officer.

What are the contents of a legal notice?

The Legal Notice must include the following things:

  • Name, description and the residential address of the sender
  • Name & address of the person to whom legal notice is issued;
  • Material facts;
  • Cause of Action or Summary of the fact;
  • Summary of the relief claimed
  • Reasonable time for replying the notice by a receiver
  • Signature of Lawyer and his/her Client is a must.
What is the objective of sending a legal notice?

The basic & main objective of  serving a legal notice is to display the intention of the person initiating the legal proceedings. The purpose is to give an opposite party an opportunity for reconsidering his/her legal position and to make necessary amends or afford restitution without the recourse to a court of law.

The notice is considered as deemed to be served if it is received or refused by the addressee and not simply by posting of the notice. It stand as evidence against the person that he/she has received the notice.

What is to be done if I receive a legal notice?

The following steps should be if you receive a legal notice:-

  • Read the notice carefully:- For considering the issues and to understand the related concern raised it is necessary to read the notice carefully. An amicable settlement should be preferred.
  • Contact a professional:- It is advisable to consult a professional who will help you in proceeding further also it is advisable to keep a record of the time and date when you have received a legal notice which will help you if the opposite party files notice against you.
  • Briefing the professional:- The next important step is to present your side of the story to the professional communicating the full information regarding the facts, event, time related issues which will enable the professional in drafting the reply to the notice.
  • Sending the notice:- Once the notice is drafted the same should be sent with the help of a registered post or courier or speed post to the opposite party and the copy of Acknowledgement should be kept for the future use in case if the suit is filled.
What is the time period allowed to file a reply to a legal notice?

The limited time period to file reply to a legal notice differs from case to case, ranging from 15 days to 30 days is allowed in case of dishonor of cheque or consumer complaint whereas 45 days or any other number of days as mentioned in the notice or the no. of days as prescribed under the respective statute under which the notice is filed. The reply to the notice should be filed with the help of Lawyers in India. Legal Window has a team of experts which will help you in giving reply to legal notice.

What do you mean by show cause notice?

Show cause notice means a notice sent by any authority be it government, employer, government employee’s, passport authority etc to any person in order to seek a reply back within the time period allowed along with a reasonable cause statement as to why a particular action shouldn’t be taken against him/her in respect to the defaulting act done by him/her.

Basically, it is used to provide a chance to the defaulter to present himself/herself with a reasonable cause against the wrongful act committed by him/her.

By which medium legal notices are to be sent?

The legal notices are sent with the help of registered post or through speed post and courier services. The legal notice may also be sent by the electronic medium i.e. e-mail however it is advised to send the same by registered post or through speed post and courier services.