Limit of Legal Notice for Recovery of Money

During various business transactions or even in day to day life, one may face a situation where they have to ask for their own money back from someone. During these situations, a legal course of action can be of assistance. After having sent a legal notice for the recovery of money, it could be believed that a formal warning has been issued to the person owing money so as to pay back the amount due or else a legal process shall be initiated against him or her. 

A legal notice for recovery of money is a formal conversation between the parties before initiating a legal action in order to recover the pending money. Legal notice can be sent from anyone including a dealer to an employee, tenant, friend, company, bank, etc. 

Recovery of Money in India

As has already been discussed, legal notice is one of the most important steps for recovery of money. A legal notice would generally be issued by an advocate on behalf of his/her client with an intention of settlement and also to communicate the will of his or her client to start the legal proceedings. A legal notice will include the following-

• Name, description and address of the sender of the legal notice.
• Details related to the cause of action.
• Monetary relief which has been claimed by the sender of the legal notice. 
• Legal basis on which such relief has been claimed. 

Steps when drafting a Legal Notice

• A legal notice must have to be specific and proper and shall be drafted on the letterhead of the respective advocate
• A legal notice must also contain the respective date on which such notice was issued as well as the name, address and contact details of the person to whom the legal notice is being  issued to. 
• The client’s name and contact information must be included in the legal notice for money recovery that the client issues.
• It is required to be mentioned in the notice as to how the right of the sender is infringed due to the act or omission of the recipient and the compensation demanded. A specific amount of time will have to be mentioned in the notice as well under which the reply of the notice is being expected. 
• Signature of the advocate is to be included in the legal notice as well.

What is the time limit for a legal notice ? 

 The time frame within which the receiver of the legal notice has to send a reply shall be within 30-60 days of having received the notice. In order to avoid the need for a drawn-out legal process, it is crucial that the notice be written so that the recipient will have no choice but to comply with the demands of the sender of the notice.

Situations where legal notice for recovery of money could be sent

• Tenant cases where the tenant is not paying rent to the landowner, resulting in a huge amount of money which would be accumulated, which the landowner is entitled to receive. In this situation, the landowner could send a legal notice for the eviction of the tenant.
• Employee when an employee absconds with the money from his or her work place, a domestic enquiry shall be initiated and  a show-cause notice will be sent to the employee’s  residential address. 
• Employer/Company when an employer deprives his or her employees from their legitimate salary, several procedures have been made to seek recovery of money, which includes sending a legal notice as well. 
• Legal notice for recovery of money under loan a tribunal for debt recovery is there in every state which helps resolving these debt-related issues, and the first step is taken by sending a legal notice for debt recovery from the respective banks or financial institutions. 
• Dealer during business transactions, producers would generally sell their products through distributors, keeping security deposits from dealers and distributors in the form of post-dated cheques.
• Recovering money from a friend to avoid any unpleasant confrontation in the future related to money, it is advised that you provide a loan to friends or family through either promissory notes or loan agreements. 

Conclusion

Legal notice for the recovery of money is a kind of formal conversation between two parties, informing the recipient of a possible legal action which will be initiated to get the due payment of the sender. 

In order to send a legal notice for recovery of money, it is advised that you talk to a lawyer, who will guide you through the proper legal procedure involved as well as the legal language required for such an act.

Lead India offers you an experienced team of lawyers who have been for years successfully handling civil as well as criminal cases and can offer you appropriate advice and assistance as required. Therefore, if you wish to talk to a lawyer online or seek free legal advice, you may contact us.