Legal Notice
Overview
A legal notice is an intimation in unambiguous language that one person or entity sends to another person or entity. It helps in making recipients aware of the grievances of the sender. The legal notice is a written document that is drafted on legal terms and conditions for which parties get legally bound to acknowledge it. The sender who issues the legal notice has to inform the recipient about the notice issuance and is a warning given to a person before filing a legal suit against him. A well-vetted legal notice helps a recipient to avail the quickest remedy. It makes the recipient agree to the terms of the party who is sending the notice and thus eliminates the need to take the matter to court most of the time.
WHAT IS LEGAL NOTICE
It is a way of formal written communication between Parties. Through this notice Sender signifies his intention of pursuing legal proceedings against the Recipient. This way the grievance of the Sender is also communicated to the Recipient.
WHERE IT CAN BE USED:
- Consumer Forums: In case, a damaged product or service is provided to a person he or she can send a legal notice to the concerned person and ask him to rectify the deficiencies.
- Disputes related to property such as partition, eviction, or issues relating to possession or ownership of the property.
- Loan Defaulters: Under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), the loan recovery proceedings begin by sending a legal notice to the defaulters.
- Cases under the Negotiable Instruments Act: In case of dishonor of cheque, Party can send a legal notice for recovery of payment.
- Employee and Employer/Company: If the employer in any way deprives the employees of their salary, then the employee can send a notice to the employer.
FORMAT OF LEGAL NOTICE:
- State the name, designation and contact no. of the lawyer sending the notice.
- Fill in the office address in the right corner of the notice.
- Enter the client’s name and other information.
- State the subject of the legal notice.
- Sign-off the notice with lawyer’s name and signature
WHAT INFORMATION SHALL BE PRESENT IN NOTICE
Legal Notice can only be filed in civil cases under section 80 of the Code of Civil Procedure 1908. It is intimation and thus carries below information:
- Precise statement and facts of case relating to the grievance for which the action is to be taken.
- Alternatives/relief sought by the aggrieved party.
- How should the problem be solved, a summary of facts and the way it can be solved.
PROCEDURE TO SEND NOTICE:
- The first and foremost step is to draft a legal notice, with the issue, the relief sought and a definite time frame to solve the issue, to be addressed to the other party and sent via RPAD.
- Post sending the notice, save the copy of the receipt sent.
- Wait for a given period, before the filing of the court case against the recipient.
- Now, the person or entity to whom the legal notice is addressed will have to revert back to the days mentioned in notice or agree for out of the court settlement.
How Lead India Can Help You:
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- Zero Stress - You do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.
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