What is a Legal Notice?
A Legal Notice is a notice specifying your opponent that you are preparing to prosecute a litigation or suit against him if the required demand is not fulfilled by the opponent.
Who can issue Legal Notice in India?
Legal Notice can be issued by a consumer himself. But legal notice should be issued by professionals.
Advantages of Legal Notice
A legal notice, when sent, delivers your intention before the beginning of legal proceedings. A legal NOTICE makes the other party aware of the grievance. A legal notice informs the other party of the same and the consequences of their actions which they may face in a court of law.
- Written Warning
A legal notice is a written warning which conveys the opponent your plan of action. A legal notice creates an anxiety in the other party's mind that aggrieved party are going to court of law.
- Out of Court Settlement
A legal notice includes or mentions the complaint of the party which is inclusive of all the necessary facts. It stipulates the relief plus the legal remedy required by the party. It is also made clear in the notice that the grievance can also be sorted in an amicable manner if opponent agrees to and within given time frame.
- Mutual Understanding
A legal notice can be productive in the procurement of the desired result rather than an oral communication. A notice and or a reply drafted for a legal notice can, therefore, bring a mutual understanding between the two parties.
- Cost Friendly
A notice is a powerful tool and not so expensive. The cost of the notice may differ from office to office and the complexity of the issue involved though.
- Removal of Doubt
Any doubt regarding the intentions is resolved once a reply it is received. If no reply is received within the time frame with regards of the notice then it becomes clear that the receiving party has taken notice casually and the legal remedial measures can be availed there onward.
It is a written record that a valid relief was sought from the receiving party before going to the court of law. The notice can further be annexed with the court documents and can be mentioned to during litigation.
Importance of Filing a Legal Notice
Many alternatives can be considered beginning with a lawsuit. Some of these alternatives are:
- Negotiation (e.g., an exchange of letters between the parties).
Negotiation can be done between parties outside court too. But
if negotiations do not work, an individual/firm need not directly file a suit in a court of law. Individual or firms shall serve a Legal Notice on them intending to settle the dispute by any of the above way or by the court process.
Contents of Legal Notice
Drafting of legal notice covers all things that a party would demand from the opponent and other necessary clauses too.
A legal notice must include the following:
- Brief report of the facts giving rise to the claim.
- Relief sought by plaintiff against each defendant which is mentioned in the legal notice.
- Short summary as to why the relief sought through legal basis.
Procedure to File Legal Notice
- Draft the legal notice.
- The notice should be sent to the person against whom you have the complaints.
- Mention the cause that required to send the notice.
- Mention previous communications which later result in such a notice.
- Offer the addressee a reasonable time say 30 days or 60 days to settle the matter by negotiating and by performing the desired action.
- Give required time frame in notice for either fulfilment of the demand or giving reply for it.
- Sent it through Registered AD post.
- Keep a copy of the receipt of the post office as well as notice.