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How does Legal Notice work?

Deepti Shikha

| Updated: Jan 14, 2020 | Category: Startup

How does legal notice work

Laws govern all organizations and individuals. When confusions and disputes arise, it is up to the affected party to take legal action against another person or entity. The issues can be a consumer complaint, Property dispute, Cheque bounce, Divorce, Eviction and many more. However, it is essential to inform the other person that you are going to initiate legal action against them. That is the reason a legal notice is sent to a person or entity. Before taking any individual or an entity to court, they should be informed by way of a legal notice.

What is a Legal Notice?

Legal Notice is a step taken before filing a civil lawsuit, and it involves giving legal Notice of the suit to the other party. In other words, judicial notice is a way of notifying the defendant, whether it is an individual or an organization’s reasons for taking legal action against him. A legal notice, when served, must contain all the facts and complaints made in the petition. The other party is given a reasonable period to answer, usually 30 days. All court actions must be transparent to all parties to the case.

When to send a Legal Notice?

There are various reasons where a legal person or entity is served a legal notice. Some of them are:

various reasons where a legal person or entity is served a legal notice
  • Disputes related to property such as a mortgage, delayed delivery of possession by the builder, partition of family property, wrong representation by the seller, eviction of the tenant, etc.
  • Notice to the employer for wrongful Termination, unpaid salary or violation of any right to the employee.
  • Notice served to the employee for breach of employment contract, violating HR policies of the company, etc.
  • Notice issued when the cheque bounces against the issuer.
  • Notice for personal issues to a family member in cases of divorce, child custody, maintenance, etc.
  • Notice regarding the delivery of faulty products or providing faulty services to the manufacturing companies.

Importance of Legal Notice

A legal Notice is very crucial because in many situations the actual issue or dispute gets resolved by the mere serving of legal Notice. The filing of legal Notice is the first important step in the journey of litigation. Filing of legal Notice is vital in various aspects:

Filing of legal Notice

How to send a Legal Notice? Procedure

How to send a Legal Notice?

A legal Notice is originally a notice sent by an advocate on behalf of his/her client. A person can send the legal notice on his or her own accord without the assistance of an advocate. But it is still suggested to engage a qualified lawyer because extreme care is taken regarding the choice of words and language used. Once a legal notice has dispatched no changes can be made in it. The Notice is sent in a plain paper or on the letterhead of the lawyer. The following are the steps to draft a Legal Notice:

Contacting a Lawyer:

A Legal Notice is sent through a lawyer. So the first step is to connect with a lawyer who has excellent drafting skills. The notice is addressed against the defendant.

Sharing Information:

 All the information like the name of the parties, addresses, issues, grievances, and the relief sought is explained in detail to the lawyer.

Providing the Documents:

The lawyer seeks all the necessary documents that are required for filing of the notice.

Drafting:

The lawyer then drafts the notice in legal language. It is to be mentioned in the notice the reason for sending the notice, information about all previous communications regarding the cause of notice and to offer the addressee a reasonable time eg. 15 days, 30 days or 60 days to settle the matter through negotiation or by performing the desired action.

Signing:

The notice is duly signed by both the lawyer and the sender. It is either sent via Registered post or Courier with the acknowledgment receipt being retained safely. The lawyer retains a copy of the notice.

Essential Information for drafting a Legal Notice

Essential Information for drafting a Legal Notice

Basic information:

The name address and description of the sender is to be clearly and correctly mentioned in the notice.

Statements for the Cause of Action:

The matter in the notice is generally in the paragraph. In each paragraph, the essential facts of the issue and grievances of the sender and previous communication are specified.

Relief sought:

The ending paragraph consists of a detailed explanation of the relief sought by the sender.

What should you do if you receive a Legal Notice?

Legal Notice should be addressed in the stipulated time as not replying to the notice can benefit the Addressee. When a notice is received a few points should be kept in mind:

  1. Reading the Notice Carefully

Notice is to be read properly in order to understand the issue and the concerns raised. The receiver can call the sender to resolve the issue.

  1. Contacting a lawyer

It is advisable to contact a lawyer who can take matter forward. Record of time of notice received should be maintained.

  1. Briefing the lawyer

The next important step is to give information about the facts, time and events related to the issue. So that the lawyer can draft a proper reply.

  1. Sending the reply

Once the reply of notice is drafted it is to be sent through Registered Post or courier and the receipt of the post is being kept.The lawyer also keeps a copy of reply for future use if the civil suit is filed.

What is the benefit of sending a Legal Notice?

Legal Notices provides a platform and a chance to both the parties to reach a consensus without moving to court:

  • A legal notice provides both the parties to reach a common consensus. The majority of matters settle even before the trial commences.
  • The procedure of sending notices saves the time of parties if it gets settled outside the court.
  • It is a known fact that the process of Litigation consumes lots of money. The procedure of communication by way of notice gives midway to both the parties.
  • Legal Notice provides a fair and reasonable chance to settle the disputed points and to intimate the parties of the legal action.

Why Enterslice?

We at Enterslice are a team of experienced business advisors. We are just a phone call away to solve any of your queries about the process. Our team ensures that your interaction with professionals is smooth.

In Summary

A legal notice is a formal document that is being prepared by a lawyer for his client. Though it is not mandatory to send a legal notice before filing of a lawsuit in all cases still it is considered a significant step in the course of all legal proceedings. In most of cases, the issues get resolved even before going to court the court of law. The efficiency of legal notice depends on the drafting skills of the advocate. No party can operate in secret in court, and they have to inform the other party regarding the issues.

Also read: Step by step guide for cheque bounce notice.



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Deepti Shikha

Deepti is a Law graduate with an avid interest in reading and very proficient in summarizing legal cases. She has enough experience in handling legal affairs of the company. In the initial days of her career, she has worked as a legal researcher and has 3+ years of experience.

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