Legal Notice and it’s Benefits

Everyone has heard of a legal notice at some point. The following article explains what is a legal notice, its composition and what does it imply.

A legal notice is a formal communication to an individual or an entity, through which the said person or entity is informed of your intention to undertake legal proceedings against them. Legal action can be taken only when a legal notice has been served.

After a legal notice is sent, the other party is made aware of your grievance and your intention to move the Court. Legal Notice can in some be also understood as a legal threat as sometimes after a notice is sent, a problem is solved outside the Court by the parties, before the proceedings have started.

In short, a legal notice is a formal notice to the other party, so that the matter can either be solved through negotiations and thus, saving time, effort and money, or to provide the other party time so that they can also present their case in the court.

What is a legal Notice:

As per the Section 80 of the Code of Civil Procedures, 1908, a legal notice is filed only in civil cases. A legal Notice carries the following information:

Statement and facts related to the grievance for which the action is to be taken
Relief or any other solution sought by the party
Facts in a summary

The way which can be opted to sort out the issue.

A perfectly drafted legal notice can also act as a mediator between the parties sometimes, as it can help parties to decide to sort the issue out of the Court if both are willing for a compromise.

Draft of a Legal Notice:

The format for a legal draft shall contain the following:

Name and Required information
Description
Place of the residence of the sender
Grievance
Relief claimed by the sender of the notice
The legal basis for the relief claimed in summarised form.

How to file a Legal Notice-

Although a very small and simple document, it requires accurate as well as precise language to ensure that your message is correctly sent. An experienced advocate can help in drafting a notice as per the law and using the appropriate language as required in your case.

What is the procedure?

Firstly, a notice is drafted, containing a definite time frame (say from 30 to 60 days), to solve the issue, it should be addressed to the opposite party and sent through a registered AD post.
Receipt shall be kept after the notice is sent, this will come handy for filling the court case
The sender of the notice shall wait for the period stipulated in the notice before filing the case
It’s about the party to whom the notice is sent to decide as to whether to sort the issue outside the court or to continue it in the Court of law.

Legal Notice can be sent personally also. You can draft a notice, have it authorised and then send it to the other party. The Legal Notice ‘s wording is very important as the case could reach the court, thus it’s advisable to have your notice drafted through a legal expert. Your legal notice would also involve the laws involved and violated in relation to your issue. Thus, an experienced advocate could guide you through the laws involved, as well as walk you through the legal options available to you in case the other party wishes to negotiate or to continue with the court case.

Lead India provides legal assistance in drafting documents necessary for a procedure related to court matters, etc. A team of professionals who have huge experience in the legal field could help you with representing your case in the court of law or to guide you through the legal options available to you.