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Legal Notice


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About 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

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.

Components

  • A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases. A legal notice is an intimation and thus carries the following information:
    • Precise statement and facts relating to the grievance for which the action is to be taken.
    • Alternatives/relief sought by the grieving party.
    • How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.
  • A complete brief of the problems that the aggrieved party is facing , combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained /problem solved, if mutually agreed upon the grievance.
  • A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court, if both of them are willing to compromise on the issue.

Process

A legal notice, although a simple document, requires precision and accuracy and use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal notice as per law and wording it as required for the particular issue.

  • The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent through a registered AD post.
  • After sending the notice, save the copy of the receipt sent. This may come in handy in case of filing for the court case.
  • Wait for a given period, before the filing of the court case.
  • Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.

Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.

A legal notice can be sent personally too. One can draft a legal notice, and authorize it before sending it to the other party. However, since wording a legal notice is extremely important if the case reaches the court, and citing of aw under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party.

Frequently Asked Questions

A "Legal Notice" is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled.

The notice should be addressed to the person against whom you have the grievances. ... You can personally send the legal notice without lawyer but it is advised that draft the notice meticulously, in such a way that it is not lengthy and containing all the material contents related to the cause

A pleader is obligated to give notice as to whether the matter in controversy is the subject of any other action pending in any court or of a pending arbitration proceeding, or whether any other action or arbitration proceeding is contemplated; and, if so, the identity of such actions and all parties thereto

A Notice of Hearing is a prepared legal document that invokes all parties to hear a motion and may be emitted by any party. Most notably the notice contains a time and date for the court clerk to amend schedule for and what motion will be attempted

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