All about a Legal Notice:
Everything legal and court procedures confuses us commoners almost all the time. The legal terms of any legal notice can make it difficult for any layman to understand. Therefore, we need the help of professionals all the time in a situation like this. But, if we have the basic idea of a legal notice and why is it drafted or sent then we can maybe have it a little easier in understanding and decoding these tongue-twisting matters. This is why we are here to break down the idea of a legal notice for all those people out there who are scared of the legal jargon. So let’s get started and decipher legal notice but on a much simpler and of course as they call it in a more user-friendly way.
What is a legal notice?
Legal notice is an officially or legally drafted notice or message sent by the sender to the recipient in order to communicate ideas, arrangements or grievances. It is sent by a person to also enumerate the reason behind the legal proceedings that will be undertaken by the sender against the recipient. It is an easy way to solve matters between the two parties in question through negotiation, arbitration & mediation instead of litigation.
Uses of a legal notice:
- Consumer forums:
When any faculty product or service is provided to any individual, they are free to send a legal notice to the concerned person and fix the faults or defects in his product or service.
- Property issues:
In the matters of property disputes, a well drafted legal notice comes in handy all the time. Possession, eviction or partition, anything and everything can be taken care of with just a legal notice.
- Loan defaulters:
Debt recovery proceedings ideally commence with a legal notice in India according to the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).
- Negotiable instruments act cases:
When there’s a dishonor of a cheque, the aggrieved person can send a legal notice to the one who had issued the cheque.
- Money recovery cases:
Money recovery cases also begin with the drafting and sending of a legal notice to the person in question in such cases.
- Employee/ Employer cases:
If there’s a dispute between the employer and the employee regarding issues like salary or anything, they can send legal notices to each other.
Drafting a Legal notice:
Legal notice in India is filed under the 80 of Code of Civil Procedure, 1908. Legal notice can only and only be sent in civil cases and as it is an intimation, it should ideally consist of the following things:
- The grievances and the facts in a very precise manner because of which the sender is taking the step.
- Relief or alternative that the sender wants to propose.
- A list of facts and how the sender plans to go about the solution of the matter.
- Brief list of alternatives that the sender is booking forward to if they agree on it mutually.
Format of a legal notice:
A well done legal notice can act as a very powerful but at the same time a very peaceful method to solve legal procedures. It has a certain that goes somehow like:
- Name & other required details
- Sender’s permanent residential address
- Aspects of the effect
- Monetary relief claimed
- Legal basis of relief claimed
Filing a legal notice:
Drafting and filing a legal notice can get really tricky most of the time if you try to do it without the help of a legal advisor or a lawyer. It requires a certain jargon, expression and of course some clarity. The process can really look long and tedious at the first glance but we are here to simplify it for you.
- Begin with drafting a legal notice, with the issue, the relief sought and a fixed time period (approximately 30 to 60 days) to resolve the issue, is to be addressed to the other party and delivered through a registered AD post.
- After sending the notice, save a copy of the receipt sent. This will come in use while filing for the court case.
- Wait for a stipulated time period, before filing the court case.
- The person or entity to whom the legal notice is addressed will have the above mentioned days to revert back to the notice or agree mutually for an out of the court settlement.
A legal notice can be sent personally by the sender too. You are free to draft a legal notice, and authorize it before sending it to the other party. However ,a legal notice’s jargon and terminology is extremely important if the case reaches the court, and citing the law under which you have raised the claim is also a mandate. Having an expert or professional to draft the copies of the legal notice will only work to your advantage.
Title of a legal notice:
The title needs to be to the point, and informative, which can give out an idea of the matter which is taken up in the notice. Another very important thing to keep in mind is that the perfect address should be mentioned so that the notice reaches the correct destination and the person.
What happens when you get a legal notice?
It is like an intimation sent by the sender to the receiver about all the grievances that he or she holds against the receiver and how he or she wants to resolve it. You can go for an out of court settlement in such a case and get it done with.
Is legal notice serious?
Legal notice is an official statement and you must take it seriously if you receive one. Rejecting any legal notice twice can be recorded as a hint of refusal by the court against you and they can also take actions for that if they deem it fit.
Who can send a legal notice?
Usually, a legal notice is sent on behalf of the client by an advocate to the recipient but if you want you can also draft your own legal notice and get it authorized before sending the same.
How do you respond to a legal notice?
The reply has to be drafted according to the notice received by the recipient. It either has to be addressed to the advocate of the sender or the sender himself accordingly.
What is the charge of a legal notice?
The advocates do not have any fixed rate that they charge for drafting a legal notice. Depending on the complications of the matter that they are filing the notice for, it can range from just a thousand rupees to some lakhs even.