Each organisation, institution as well as individual is governed by some law or the other. In case of a dispute between any two or more parties they may go to the court of law to settle it or for mediation or arbitration if the parties agreed to it.
In order to get remedy, the aggrieved party would have to issue a legal notice to the other party before having the matter finalised in the court of law.
What is meant by legal notice?
Legal notice is a document or intimation which is sent to the party you wish to take to court. Without a legal notice as the initial step, no legal action could be taken.
A legal notice is a formal communication or letter served to a personal entity or individual or organisation, informing them of your intention of starting legal proceedings against them. It could be referred to as a way of informing individuals or organisations with relevant facts and statutes about a matter by using a method as provided by the court of law.
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What does a legal notice include ?
A Legal notice will be served under Sec.27 of General Clauses Act,18971. A legitimate notification would be served to the respondent, which shall contain real factors and objections made in the request. This is to inform the receiver about what he is being charged for, and a certain time period is provided to respond
Purpose for sending Legal Notice
The key purpose for sending a legal notice is:
- Formally informing the related parties about the grievances, disputes, or demands.
- In order to seek some specific remedy, action, or resolution within the time period mentioned in the legal notice.
- Clarify your legal standpoint about the legal issue.
- It helps you prepare a proper record about explaining the grievance through proper communication.
- Helps pave the path for a settlement or negotiation process in order to avoid legal proceedings.
- Notifies the recipient of the notice regarding the intention of initiating legal action in case the demands made are met with.
To summarise, a legal notice will be sent to inform about the disputes, seek timely resolutions, document records and issue a deadline before taking the matter to the courts.
Procedure for sending a legal notice
A proper procedure is required to be followed as per the law in order to send a legal notice. Steps discussed below are required to be taken into consideration before sending a legal notice-
- On of the most important step when sending a legal notice would be appointing an experienced advocate who has better drafting skills and necessary technical knowledge related to the field which is related to the grievance suffered by you, who will be able to help you with the drafting of legal notice –
- On advice from the advocate, a legal notice explaining the numerous facts and the issues causing grievance to the sender of the notice are required to be drafted.
- The fact about the legal notice has to be sent to the other party must be made sure.
- It must be made sure that the language in which the notice is to be sent is understood by the other party.
- When consulting a lawyer, the aggrieved party has to ensure that the following details have been provided correctly in the lawyer’s notice-
- Names of the parties, both receiver and sender
- Address of both parties
- Grievance faced by the sender and other related issues
- Any previous attempts which have been made to reconcile with the other party.
- Relevant information provided by you, the lawyer appointed would carefully study the case making relevant notes about the information provided to him, he may ask for further information as required, on the basis of which a final draft shall be prepared.
- Afterwards a legal notice would be prepared by the advocate using appropriate legal language as per the requirements of law. A legal notice should contain-
- Reasons for sending a notice
- Previous communications related to the cause of notice
- A reasonable time period should be provided to the addressee to reply to the notice (from 15-30 days approx.)
- The legal notice sent will include the signature of the lawyer sending it. It will be then sent by a registered post or the courier, and it is important that the receipt is\ kept by the party sending the notice for further legal proceedings.
- The party receiving the notice should send the reply to such legal notice either personally or through an experienced lawyer within the time period provided in the notice.
- After having received the reply of the other party, the aggrieved party can decide to either resolve the matter or file a petition in the court seeking justice if they are not satisfied with the reply sent.
What if someone refused to receive a legal notice ?
In case someone denies accepting the legal notice, one may send it through a speed post while keeping the receipt so as to file as proof of service when filing suit, etc. Refusing to accept a legal notice could be deemed as acceptance!
Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal as well as civil suits in case you received a legal notice. In case you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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