What is legal notice and its importance

A formal written communication between the parties is known as a legal notice which informs the receiver that the sender intends to file a lawsuit against them. It helps to inform the recipient party of the sender’s concerns. It is also seen as a warning to the recipient to comply with a specific requirement if he wants to avoid taking the matter to court. It is a very efficient technique for settling disputes by negotiation, mediation, or arbitration rather than going through a court process, offering a chance for negotiation or other out-of-court resolution of the dispute. Legal proceedings are time- and money-consuming. If the problem is civil in character rather than criminal, legal notice is the initial step in every legal action.

To prepare a legal notice there is a specific legal notice sample that is used by the sender.

In what situation you can send a legal notice?

There are certain situations mentioned below, where a legal notice format can be used to send a legal notice:

Maintenance:

In accordance with section 125 of the Criminal Procedure Code, if the wife, children, or elderly parents are unable to support themselves, they may issue a legal notice to the son or daughter requesting maintenance.

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Child Custody:

The other parent can send a legal notice informing the other parent that you want to file a custody case if the child is either not secure or is not able to live a proper life, or is with an unsound parent or the economic situation is not good. Additionally, if he or she chooses to resolve the dispute out of court through rectification or by consenting to the terms and conditions.

ALSO READ: How To Draft A Legal Notice To An Employee For Misconduct

Divorce:

If a couple or spouse is having problems and decides they no longer want to be married or are ready to end their relationship, they can send the other spouse an appropriate legal notice informing them of their intention to file for divorce and their reasons for doing so.

Property Dispute:

In the event that there is a dispute regarding the eviction of a tenant, a builder, the division of family property, or a mortgage on any property.

a grievance against any business or consumer:

If a customer has a problem with a particular business over a product that is flawed, damaged, or incorrectly provided, they should file a complaint. Customers or individuals with a problem will notify the business in writing of the problem or problems they are experiencing and their desire to take them to court.

Cheque Bounce:

Under section 138 of the Negotiable Instruments Act, a legal notice must be made in cases of cheque bounce. However, there are some restrictions. This section states that a legal notice must be sent to the sender within 30 days of the date the check bounced, and if the recipient of the legal notice does not make payment within 15 days, the sender may file a lawsuit against the recipient within 30 days of the recipient’s receipt of the legal notice.

Importance:

Section 80 of the Civil Procedure Code defines Legal Notice. Legal notice must be given before initiating any lawsuit or case against any public official or the government, as per section 80 of the Civil Procedure Code. Although legal notice is not required in private cases, lawyers often send it nevertheless because it is in matters involving public officials or the government. However, it was not stated that legal notice is required in private cases. This legal notice is being sent in order to provide the government or public officials a chance to address the dispute amicably, if possible, rather than going directly to court.