Introduction:- Anything which is in writing is more valuable than oral words. A legal notice is a formal letter or legal document in writing which is send by attorney in behalf of his/her clients. It is drafted on legal terms and conditions. Legal notice is a type of warning given before filling a suit.
Why is it important to send legal notice:-Before filling a civil suit, legal notice fills the gap of misunderstanding or we can say that it create a bridge before filling a civil suit. In most of the cases, people want to settle their disputes outside the court through Arbitration, Mediation and Negotiation. Legal notice helps to settle disputes outside the court. Some importance are- 1) To settle disputes outside the court. 2) An Individual with the help of an Advocate can describe his complaint. 3) The receiver, come to know about the acts he has been accused of. 4) It is a first step to file a case in courts.
Essentials/ Format of Legal Notice:- 1) Name and address of the sender 2) Cause of Action 3) Description 4) Sender’s residents detail 5) Relief claimed by the sender 6) Legal reasoning for making the claim 7) Stamp and signature of Advocate sending the notice on behalf of the sender.
Under the Code of Civil Procedure, 1908, Section 80 lays down the procedure of filling the legal notice. The given requirements under section 80 are-
- There should be precise mentioning of the facts and statements in relation to the grievance for which action is to be taken.
- Mentioning of relief from the grieving party.
- Also mentioning the ways to resolve the problem in hand with the summary of the facts.
Legal notice can be sent for the cases are:-
1) Consumer complaint Issues- Where a product or service is faulty, to the customer then that customer has a right to send legal notice in order to rectify the mistake.
2) Complaints against employer/employee- In the case of deprivation of salary of the employees and employer of the company, then employer/ employee can send legal notice to the director/ employer as the case may be.
3) Property disputes- In case of property disputes, legal notice can be send before filling the suit or settle outside the court.
4) Personal disputes- In personal disputes like divorce & maintenance case, legal notice can be sent by the aggrieved party.
5) Cheques bounce cases- In check bounce it is mandatory to send legal notice to the issuer of the bank within a period of 30 days from the date of refusal. If no refund of money is received after 15 days of delivery of legal notice, you can initiate legal action within 30 days after 15 days of notice. 6) In SARFAESI Act- The legal proceedings in case of debt recovery from loan defaulters are initiated once a legal notice is sent to the defaulter. 7) Legal notice for infringement & passing off in IP cases, and many other cases also.
Legal Notice is a formal document which is made by an Advocate for his client. It is not mandatory to send in all cases. When an Advocate send legal notice for his client within given limitation time like 15 days or 30 days, then after there is a reply send by the receiver of the legal notice with give time. If in this time no reply is send or any dispute which is not resolved then sender of the legal notice can file a civil suit.
Legal Litigator has a group of Advocates with good drafting skills. You can contact us for drafting of legal notice and other legal documents.
Anuranjan Patel (Advocate)