INTRODUCTION
Once you’ve given notice on the business or person you want to take to court can you begin legal action against them. It is only via this procedure that bringing a case to court becomes legal. A legal notice is the type of notification sent. As a result, a legal notice is a formal notification to a person or an entity alerting them of your intention to pursue legal action against them.
When issued, this notice informs the party of your purpose before the legal procedures and therefore makes them aware of your grievance. Many times, serving a legal notice will put the opposing party on notice, and the matter may be addressed without going to court through productive conversations on both sides. And, if the other party continues to ignore the complaint, the law allows one to initiate court procedures after a certain period of time has passed. And, if the other party continues to ignore the complaint, the law allows one to initiate court procedures after a certain period of time has passed. A legal notice can be used to facilitate talks between the parties and save time, effort, and money that would otherwise be spent in court.
WHAT IS A LEGAL NOTICE?
A legal notice is a formal notification to a person or an entity alerting them of your intention to pursue legal action against them. When you send this notice, you’re letting the other party know that you’re about to file a lawsuit. It is a formal written communication between the parties in which the sender informs the receiver of his intention to pursue legal action against him. It aids in making the sender’s grievances known to the recipient party. It is simply a notification sent on behalf of a client by an attorney. It is not necessary for a person to send a legal notification through an advocate; he or she might do so on his or her own.
FILLING OF LEGAL NOTICE
Many situations arise in which one is unsure of how to proceed with legal action to remedy the issue. The filing of a legal notice kicks off the legal procedure in a new way. As a result, it has a variety of important features that are:
- By sending a legal notice, the sender may be indicating that he or she intends to file a lawsuit to address the matter, to which the opposing party may respond quickly to avoid court proceedings.
- By sending a legal notice, the sender may be indicating that he or she intends to file a lawsuit to resolve the dispute, to which the opposing party may respond quickly to avoid court proceedings.
- The subject of the legal notice, i.e. the opposing party, is given the chance to resolve the problem amicably by sending a legal notice.
- A notification acts as a reminder to the recipient of activities that have caused a problem for the sender, either purposefully or inadvertently.
A legal notice is submitted solely in civil matters and is issued pursuant to Section 80 of the 1908 Code of Civil Procedure. Because the intimation is a legal notification, it includes the following details.
- Detailed statement and details regarding the allegation that requires action.
- Alternatives/relief available or sought by the bereaved party
- How do you solve the relief/problem at hand, given a set of data and a solution?
It’s critical to spell out all of the issues that the aggrieved party is dealing with, as well as what may be done to fix the situation. If the matter is mutually agreed upon, the final Legal Notice history should include a thorough explanation of how the remedy might be obtained/problem handled. If both parties are ready to compromise, a well-crafted legal notice can act as a mediator between them and assist them to address the issue outside of court.
In the format of a legal notification, the following elements must be present:
- Name and other pertinent information
- Description
- Place of residence of the sender of the notice
- Aspects of impact
- Financial relief requested by the sender of the notice
- The substance of the legal basis of the claimed relief
PROCEDURE
The usage of common terms in a casual manner has legal significance and meaning that we are not aware of. As a result, when drafting a legal notice, we must be exceedingly careful with each and every word we use and be wary of conceding any facts that you may later deny in a court of law. You cannot make any changes to a legal notice after it has been issued, and you also cannot contradict the claims and information that you have already included in the legal notice.
Steps 1
Look for a lawyer with strong writing abilities. A Legal Notice can be delivered in any Indian language, although English is typically the preferred option. The Notice should be addressed to the party you intend to launch a complaint or lawsuit against.
Step 2
Explain the facts in full to your advocate, including the names of the persons involved, their addresses, the dates of the transaction completed or required, any challenges or issues encountered during prior efforts at contact, and so on.
Step 3
The advocate then carefully assesses the issue based on the information provided, makes essential points in the conversation with you and looks for any further information that may be required.
Step 4
The advocate then begins drafting the legal notice in legal language, clearly stating the reason for sending the notice, all previous communications with the addressee regarding the sender’s grievances, and providing the addressee with a reasonable time frame of 15 days or 30 days to settle the matter in hand by negotiating and performing the required action.
Step 5
Typically, attorneys on behalf of the sender of the notice, depending on their grievance, emphasise the action to be taken within the specified time frame to either satisfy the demand or seek a response.
Step 6
The notification is then signed by both the advocate and the client and delivered to the Registered AD post, with the acknowledgment kept. Typically, the advocate maintains a copy of the notification on hand.
CONCLUSION
A need that a party to be informed of legal procedure impacting their rights, responsibilities, or duties is described by the legal notion of notice. Public notice, actual notice, constructive notice, and implied notice are the four forms of notice.
The notification is written on plain paper or the lawyer’s letterhead. Make contact with a lawyer who excels at drafting. The notification can be delivered in any Indian language, but for my clients, English is typically the favored option. The notification should be sent to the individual with whom you disagree.
The legal implications of a legal notification are determined by whether or not it is delivered. If the legal notice is not delivered because the recipient refuses to receive it, it is considered legitimate.
It is simply a notification sent on behalf of a client by an attorney. A person does not need to send a legal notice through an advocate; he or she can send a legal notice without the help of an advocate.
Author(s) Name: Aksha Ali (Student, Guru Gobind Singh Indraprastha University, Delhi)
