Power of Legal Notice

A legal action could take place only after a notice has been served upon the party you wish to sue. It initiates the process of starting a court case. When a legal notice is sent, it conveys the intention of the sender before he initiates the legal proceedings, thus, making the other party aware of his grievance. In many cases, a legal notice could bring the other party to heel and the problem is often resolved outside the court, even before initiating the legal proceedings with discussing their issues amongst themselves. 

However, if the reply to the legal notice is not satisfactory, there is always an option of initiating the court proceedings. All in all a legal notice serves as a point of reference to start the negotiations between two estranged parties, thus saving time, effort and energy, which could be spent in court cases. 

Necessary Details- 

A Legal Notice is filed under Section 80 of the Code of Civil Procedure, 1908 can be filed in civil cases only. A legal notice includes the following-

1. The statement and facts relating to the grievance for which the notice is sent
2. Alternatives/ relief sought by the sender
3. Precise summary of the facts
4. The way the issue could be sorted out. 

A perfectly drafted legal notice can act as a mediator between the two parties and hence, help sort out the issue out of the court if they are willing to compromise on the issue. A legal notice includes- 

Name and required information

1. Description
2. Address of the sender
3. Grievance suffered by the sender
4. The relief the sender claims
5. The gist of the legal basis for the relief so claimed by the sender. 

Filing a Legal Notice- 

Legal Notice, though a simple document, requires a precise and accurate language, the draft should use the language so as to ensure that the message sent is correct. 

An experienced advocate could help you draft a proper legal notice and guide you through the legal options available to sort the issue including the provisions of law. 

Procedure- 

The initial step is to prepare a legal notice, including the issue, relief claimed, and a time frame, for say 30-60 days, so as to solve the issue, the notice shall be addressed to the other party through a registered post. 

A copy of the receipt of the notice sent shall be kept by you. This may come handy if you decide to sue the other party. 

You have to wait for the stipulated time before filing for the court case

The person to whom the notice is being served shall have the time period mentioned above to reply to the said notice or to opt for an out-of the court settlement. 

In case the other party ignores the legal notice, the aggrieved party can initiate the legal proceedings. The receiver of the notice could be at a disadvantage for ignoring the notice, while during the court process. 

Conclusion-

A legal notice could be sent through your advocate, registered post or you can personally deliver it. You can draft one by yourself, however it is advised to seek the assistance of an experienced advocate before sending the notice, as the said lawyer understands the legal language better than you, and can use the proper words in relation to the law applied for the said grievance you have suffered. It may also be possible that the other party is not even aware of the wrongs you have suffered which could come into light through a notice or could agree to sort the issue out of the court, just so as to save time and money being wasted away in the court case, after a legal notice is sent. 

After all is said, it would be correct to say that a legal notice is the first step towards solving an issue or to claim compensation for a grievance suffered by you. Lead India offers you a team of experienced advocates who could provide you with the required legal advice or can assist you while drafting a legal notice. For any query for the same, you may contact us.