Send a Legal Notice and/or Reply – Law Answer Online
Step 1
Fill Out The Form And Make The Payment.
Step 2
Consultation With Dedicated Lawyer
Step 3
Drafting Of Your Legal Notice
Step 4
Approval On Draft Legal Notice From You
Step 5
Send Legal Notice
LEGAL NOTICE
A legal notice is a formal communication from one person to another of his intention of legal action against another or recipient.
It, in the form of a letter, contains all the necessary facts and circumstances for which that another person or recipient has been accused. The basic purpose of sending a legal notice is to aware the recipient of the facts and to allow him an opportunity to settle the matter at a preliminary stage or an opportunity to prepare and provide his defence.
WHEN TO SEND A LEGAL NOTICE?
The right to sue is a legal right in India. Anyone whose legal right has been violated can send a legal notice. The person sending the notice is called the sender and the person to whom the notice is sent is called the addressee.
FORMAT OF LEGAL NOTICE
- Name and address of the recipient.
- Cause of action
- Description
- Sender’s residence details
- The relief claimed by the sender
- Legal reasoning for making the claim
- Signature, name and address of advocate sending the notice on behalf of sender.
PROCEDURE OF FILLING FOR LEGAL NOTICE
A legal notice requires precision and accuracy and the use of definite language supported by the legal provisions to ensure that the message sent across is correct. The notice is sent on plain paper or the letterhead of the lawyer. This is a process that one can follow for sending a legal notice:
- You must hire a civil lawyer with good drafting skills to write a legal notice on your behalf. The legal notice must be drafted in a language understood by the receiver and it must be addressed to the person or company who has caused you the grievance.
- In the consulting session with the lawyer, please explain the information in detail – along with the names of parties involved, addresses, dates when commitments were made and not honoured, challenges and issues faced, any previous attempts at dialogue, etc.
- Particularly in instances of husband-wife disputes, a legal notice often brings the spouse for negotiation. In many instances, disputes are resolved via counselling or mutual consent.
- The legal advisor at that point drafts the notice in a legal language – clearly specifying the reason for sending the notice, all previous communications regarding the cause of notice and offers the addressee a reasonable time (say 15 or 30 or 60 days to settle the matter through negotiation and by performing the desired action). It can be sent either physically or online via any mail etc.
- If the notice has been sent through post then keep a copy of the receipt of the post office as well as the notice.
- Depending on the grievance, the lawyer sending the notice, in the interest of the client, stresses the need for an action to be taken on the part of the recipient in the stipulated period to fulfill the demand of his client or for a reply.
Sometimes in response to a legal notice, the recipient whether that is a person or a company takes immediate action within the time limit provided, to avoid litigation and court proceedings.
Under the Code of Civil Procedure 1908, Section 80 lays down the provision for sending a legal notice in civil matters.
FAQS
1. What is a Legal Notice?
Legal Notice is a formal communication of the grievance by the Advocate of the Aggrieved to the person whose actions resulted in aforesaid grievance whereby, the former inform about the intention of aggrieved to initiate legal action against latter regarding the grievance.
2. Who can send or draft a Legal Notice?
Legal Notice is generally sent by the Advocate on behalf of their client whose right got infringed or who wants someone to perform his or her duty under the law.
3. What is the objective of drafting a Legal Notice?
The objective of Legal Notice is to officially intimate a person that you are going to initiate legal action against him for his acts or failure to perform such acts which he was duly obliged to perform. It also provides a last opportunity to the addressee to make good the loss which was caused by his acts or to perform such acts which he was obliged to perform, with or without the payment of cost of legal notice and compensation as the case maybe.
4. What can be contained in a Legal Notice?
A legal Notice can contain:-
- Summary of Grievance which was suffered by the client of the Advocate.
- Legal Action which the client of the Advocate intends to initiate in future against the recipient of Notice.
- Any Act or demand which the Client of the Advocate intends to be performed or fulfilled by the noticee in lieu of legal action within a provided time, generally 15 days.
5. What should I do if I receive a Legal Notice?
At the receipt of legal Notice, a person can opt:-
- To send a reply of the Legal Notice containing his side of the story and his counter-claim, or
- To perform the act demanded in the Legal Notice, or
- To not do anything and wait for the legal action to take place.
6. What can be contained in Legal notice or what are the contents of a legal notice?
A legal Notice can contain:-
- Summary of Grievance which was suffered by the client of the Advocate.
- Legal Action which the client of the Advocate intends to initiate in future against the recipient of Notice.
- Any Act or demand which the Client of the Advocate intends to be performed or fulfilled by the noticee in lieu of legal action within a provided time, generally 15 days.
7. What if there is no reply to a Legal Notice?
In case there is no reply to Legal Notice, the sender has two options:-
- To initiate legal action at the expiry of the time provided in legal Notice.
- To wait for some more period. However, in certain cases where the legislation has provided a limited time to initiate legal action against the recipient of the Notice at his failure to reply or perform intended act, the action must be taken within such limited time without wait. For Eg. In case of Dishonour of Cheque, a complaint must be filed by the client of the Advocate who sent the Notice within 45 days of receipt of notice by the Noticee, where the Noticee fails to repay the sum mentioned in the Cheque within the provided period of 15 days.
8. What is the limitation period to send a reply to a Legal Notice?
Generally, there is no fixed period to send the reply to a legal Notice. However, preferably it should be sent within the time period specified in Notice for the purpose of performance of any act or demand.
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