What Is Legal Notice ? Procedure Of Sending Legal Notice Step By Step
A legal notice is a formal document used for initiating communication between two parties. One of the parties in question sends a legal notice to the other party in lieu of informing their grievances with them and further inform them of their intention of taking legal action against them. Legal Notice defines under section 80 of The Code of Civil Procedure, 1908. Some essentials points of Section 80 of Code of Civil Procedure, 1908
- Name, description, and place of residence of the sender of the notice.
- Statement of the cause of action.
- The relief claimed by the sender of the notice.
- Summary of the legal basis for the relief claimed.
Generally, legal notice send to the opposite party in a civil case because in criminal cases the state itself issues warrants against the accused.
A legal notice is generally issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement. It is issued either to accept the settlement or to reject it altogether in order to avail a civil suit or legal remedies.
The procedure of sending legal notice step by step
- The first step is to draft a legal notice, with the issue, the relief, and a definite time period (30 to 60 days) to solve the issue, which is to be addressed to the other party and sent through a registered AD post.
- After sending the notice, save the copy of the receipt. Because it might be essential for a further court proceeding.
- Wait for a given period, before the filing of the court case.
- Now, the person or entity on which the legal notice is addressed will have the above mentioned days to revert back with the notice or agree to out of a court settlement.
Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.
When to send a Legal Notice?
There are various reasons for which you can send a legal notice to a person or an entity. However, the most common ones are:
Property disputes such as a mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.
Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.
Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.
Notice in the case of cheque bounce to the issuer of the cheque.
Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.
Legal Notice Format
ADVOCATE NAME
OFFICE ADDRESS
DESIGNATION
_____________
CONTACT NO.
__________________________________________________________________
Ref. No.________
Dated: ________
REGISTERED A.D.
To,
1. _______________
2. _______________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____
Dear Sir,
Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section ___ of the _______ Act
1. That my client ______________.
2. That since ______________.
3. That on ______________.
4. That my client filed a Demand Notice ______________.
I therefore through this Notice call upon you ______________.
A copy of this legal notice is retained in my office for further necessary action.
ADVOCATE NAME
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