What is a Legal Notice?
A legal notice is a legal action in the form of formal communication made to a person/entity informing the same to undertake legal proceedings against him/her. It is a preliminary note of information, letting the person/entity know that he/she is grievance and the cause of legal action is taken in respect of it. It is not dealt with cautiously, it might be a factor that the court may consider if the case proceeds to litigation. Thus, a person aggrieved has an option to file a legal notice to the person/entity.
Advantages of Legal notice
- It serves as upper hand: If any legal notice is sent by a person, the sender is always considered to be at upper hand.
- Helps in reducing risk: It helps in protecting the legal rights of both the parties and a well drafted notice can go a long way in minimizing the legal risks.
- It helps in reducing the ambiguity: the laws and rules applicable on the person are more precisely considered and it thus helps in reducing the ambiguity involved in the minds of people relating to their legal rights and obligations.
Procedure
- A well efficient lawyer from our team shall contact you, and explain you the total process, and will understand the need of filing a legal notice by you.
- Once the objectives of the same are clear, the lawyer shall draft a sample legal notice accordingly.
- The draft legal notice shall be sent to you, for your review.
- Once you approve it, it shall be served to the other party.
- The whole process takes around 3-4 working days.
What Are The Implications of Legal Notice In India?
A legal notice document in India, when sent to someone, is like a “warning” given to whomever it is sent to. It is making aware of them of what they aren’t aware of. It states the wrong doing or mistakes that recipient has committed along with the penalty that the recipient may be subjected to if in case the person who sends it resorts to litigation. If you ever receive a legal notice, before you think of taking any action, it is always wise to consult a civil cases handling lawyer.
How much is the Cost of Sending a Legal Notice To Someone?
The procedure of drafting and sending a legal notice document to someone through or from a veteran's office will usually approximately can cost anywhere from ₹2500/- and can approximately go up to ₹7500/-. However the cost will also depend on the case in question, for example if a legal notice is to be sent with respect to a simple cheque bounce, the services will be as cheap at ₹500/- where as in case of drafting complicated case issues will cost on the higher side.
A bonus tip here to cut some of the cost would be to prepare a draft by yourself and only go to the lawyer to send the notice through him here the cost of drafting will be saved and the cost would be cut from ₹7500/- to as low as ₹4000/-
This legal notice as the document will also be referred to in case of litigation later of that matter. Hence in case of a complicated issue it is advisable that drafting of a legal notice or replying to it should be done by an experienced lawyer.
Is Legal Notice Mandatory To Send?
It always depends on the issue. A legal notice is not always mandatory to send. But in certain cases it is prescribed that a legal notice is sent before filing cases in the court of law. An example would of Section S-80 CPC (civil procedure code) that provides the mandatory issue of legal notice before suing the recipient party. Similar to this Section S-138 of Negotiation instrument act also makes it mandatory to send a legal notice for bounced cheque before getting to the court. And so filing a legal notice in certain cases can be quite fatal. Hence it is advised that in cases where sending a legal notice is not mandatory, it should certainly be avoided altogether.
A Precaution to take when sending a legal notice.
Since it is fatal to send a legal notice in some cases, one must be very careful about issuing it by claiming all the reliefs that you are claiming the legal notice against.
How You Should Respond To Legal Notice Sent By Lawyer?
For this following are some simple steps to go by:-
- Read the legal you received very carefully and understand it. If it requires a reply or any certain mentioned action for example in case of bounced cheque, you may simply complete the payment to the person who sent you a legal notice and the matter is cleared there itself.
- Consult a professional expert lawyer and present him the received legal notice, the lawyer will draft a reply for you and send it to the sender on your behalf.
- Depending on your reply to the sender party, the sending party can choose to either take the matters to the court of law or agree upon a settlement outside the court, and however in both cases make sure the lawyer you’ve used the advice of is well informed of the actions he is helping you to take.
