HOW TO DRAFT A LEGAL NOTICE

Nowadays, we enter into various litigation for some or the other issue. Some prefer to file litigation while others opt to serve a notice to the opponent by showing their intention to file a suit in the appropriate jurisdiction. A legal notice is a written document sent to a person or entity to inform about the grievances and ask them for a remedy, rejection of which will result in legal action against them. Legal notice is the initial step to a legal proceeding. It can be sent against the person or a company by any person whose legal rights have been infringed or have suffered some legal damage. 

The person who sends the notice is called Sender and the person to whom a notice is being sent is called an Addressee. A notice gives the addressee an opportunity to present his side of the story through an amicable method without recourse to the court. A notice is being served only when it is being delivered or being refused to receive by the addressee 

The issuing of the notice may be a statutory duty or merely optional, but in either case, the purpose of the notice is to inform it’s recipient i.e the addressee precisely and clearly about the intent of the Sender. There must not be only a clear despatch of notice but in order to fix liability on the Sender, there must be clear proof of the notice being received by the Addressee. 

• how to send a legal notice in india?

Legal Notices are often sent by people in Civil matters in cases of violation of agreements, marital issues, negotiable instruments, etc. A notice is a very helpful way of saving money and time of the parties and gives them a chance to resolve the issues with a common consensus. This article will give extensive information dealing with all the basic aspects of sending a legal notice in India.

What is a Legal Notice?

A Legal Notice is basically information or intimation in a clear and unambiguous language that a person or entity sends to another person or entity to do or not to do certain acts failing which the sender of the notice would take legal redress. In simple words, it is a formal communication where you tell the other person that you intend to take legal action against him or her. It is a step before you file a lawsuit. 

Legal Notice is an intimation and is only filed in Civil Cases like

• Disputes related to property
• Matrimonial Issues
• Issues related to Negotiable instruments
• Sexual Harassment at Workplace
• Non Payment of Salary
• Issues related to payment of insurance claims etc. 

How to draft a Legal Notice?

A Legal Notice can be filed for various issues but if one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organisation before filing a Civil Suit

Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.  

Essential Information for a Legal Notice 

The legal notice is the first step towards a Legal action and it is important that it is in proper format mentioning all the essential information before it is being sent to the addressee.

1. Basic Information: The name, address and description of the Sender is properly and clearly mentioned in the notice. 

2. Statements for Cause of Action: The matter in the notice is generally in paragraph and in each paragraph statements supporting the cause of action are being provided. This also includes the essential facts of the issue and grievances the Sender had against the addressee. Previous communication is also mentioned. 

3. Relief Sought: The ending paragraph should have a detailed explanation of the relief which is sought by the Sender giving a proper rationale. 

What is the process for sending a Legal Notice?

STEP 1: Once the notice has been drafted by the lawyer 

STEP 2: It is being signed by the lawyer and the Sender.

STEP 3: A copy is being retained by the Lawyer for future purposes.

STEP 4: The Notice is being sent through Registered Post or through Courier 

STEP 5: An acknowledgment slip is being kept as evidence of dispatch.  

When to send a Legal Notice?

As it has been mentioned earlier that Legal Notice is being filed in Civil Cases. In Criminal Cases, the State itself issues warrant in case of a criminal offence. The cases in which Legal Notice can be sent are:

• Consumer Complaint Issues: Notices in Consumer Cases are filed in issues such as complaining about Faulty products, services or any advertisement which is false or misleading for the public. 
• Property Disputes: Number of litigation in India are related to Property disputes. Land disputes account for the largest set of cases in Indian courts. 25% of all cases decided by the Supreme Court involve land disputes, of which 30% are related to an acquisition; and surveys suggest that 66% of all civil cases in India are related to land or property disputes. The common issues of Property where notices can be sent are:
  • Issue of partition between Family members
  • Delay by the builder to provide possession of the property
  • Eviction of the tenant
• Complaints against the Employer: Employees of an organization are empowered to send notice to their employers in issues such as
  • Wrongful termination
  • Sexual harassment
  • Abuse of power
  • Non-Payment of Salary
• Complaints against the Employee: Like the employee, the employers also have the power to send notice to the employees in issues such as
  • Violation of any policies of the company
  • Infringement of the terms and conditions of the agreement of the employment
  • Complaint of sexual harassment 
• Personal Disputes: The issues of personal disputes can also be taken to the courts by sending a legal notice. These disputes involving spouse are
  • Divorce
  • Custody of the Child
  • Maintenance
  • Restitution of Conjugal Rights
  • Violation of Prenuptial agreement
• Cheque Bounce: A notice can be sent to the issuer of the Cheque when a cheque bounces. Under Section 138 of The Negotiable Instruments Act, legal action can be taken against the Issuer of the cheque.

Validity:

A legal notice is always specific to civil suits. A notice cannot be issued for a criminal suit, as criminal activity is always taken against the offender. It is necessary to serve notice before filing the lawsuit. The primary intention is to give a chance to the party for settlement of dispute without approaching the court. It is easier to compensate for the losses incurred by the aggrieved person.

 

Importance of legal notice:

The situation arises when one gets confused to initiate a legal proceeding to resolve the matter. Following are the various pointers proving the importance of legal notice: 

1. It contains the clear intention of the sender to file a lawsuit to resolve the issue with other parties.
2. A sender can describe his grievance with the help of an Advocate.
3. Serving legal notice allows the receiver to resolve issues out of the court.
4. It acts as a reminder for receiver about the acts that have intentionally or unintentionally done creating a problem for a sender.

 

Contents:

Legal Notice must include the following things:

1. Name, description and residential address of the sender
2. Name and address of the person against whom the sender has grievances
3. Material fact, Summary of the fact/ Cause of Action
4. Summary of relief claimed
5. Reasonable time to reply the notice by a receiver 
6. Signature of Lawyer and Client is a must.

 

Procedure to file Legal Notice: 

It is essential to draft notice meticulously. We are not aware of the legal importance and meaning of the common words which we use casually. 

1. Draft the notice (It is always advisable to avail the services of a lawyer to avoid the mistakes.)
2. The notice should be drafted under a letterhead of an Advocate
3. Prefer colour print of the notice consisting logo of the Advocate
4. Keep two copies of the notice, one with sender and one to the receiver
5. Notice to be sent through Registered AD post
6. Copy of receipt of post office and notice should be kept with the sender.
7. It should be noted that while writing a legal notice, one should be extremely careful about every word used in the notice since it cannot be denied in the court of law. Once the legal notice is dispatched, no changes can be made, or one cannot make a contradictory statement from the content stated in the legal notice.

 

Reply to the Notice:

It is not mandatory to reply to the notice, but it is advisable to do so as no reply can add advantage to the opposite side of the further court proceeding starts. The consequences of not replying notice is not an offence under the law, but if replied, there are chances to put an end to the litigation at the start. The reply must be given in the stipulated time mentioned in the notice by the sender. There is no relevance of a legal notice as soon as the court proceeding starts. In case if the receiver does not appear despite serving summons, then the court shall pass an ex-parte order (order in the absence of the other party not appearing).

 

Checklist to reply to the notice:

Read the contents of legal notice, or the content mentioned in the agreement between the parties.

1. It is necessary to check the limitation period to reply to the notice
2. Check the contractual obligation of the claimant
3. If the content mentioned in the notice is not relevant, then one can counter-threat through a claim or damages against the sender.

Advantages of a Legal Notice

Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.

• Reaching Common consensus: A legal notice provides both the parties to reach a common consensus. It gives them a chance to put forward their grievances and complaints. 
• Saves time: All of us know how long court cases take to resolve and this whole journey is very troublesome and time-consuming for both the parties. The procedure of sending notice provides the parties the chance to save their time.
• Saves Money: It is a well-known fact that the process of Litigation consumes lots of money, the procedure of communication through notice gives a midway to both the parties.
• Providing fair and reasonable chance: Legal notice is an important part of the adjudication process providing fair and reasonable chances to settle the disputed points and to intimate the parties of the legal action.