A legal notice is essentially an informational or intimation sent by one person or entity to another in plain and unambiguous language, requesting that the recipient take certain actions or not, failing which the sender may pursue legal recourse. To put it simply, it is a formal communication informing the other party that you plan to sue them in court. It’s a stage before you bring legal action.
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.
How to draft a Legal Notice?
A Legal Notice can be filed for various issues as mentioned above 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 Organization 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.
Steps to drafting a Legal Notice are:
STEP 1 – Contacting a Lawyer: A legal Notice is being sent through a Lawyer and the first step is reaching out to one.
STEP 2 – Sharing Information: All the information is explained in detail to the Lawyer, like the name of the parties, addresses, issues, grievances, and the relief sought.
STEP 3 – Providing the Documents: All the necessary and required documents are provided to the lawyer for filing of the notice.
STEP 4 – Drafting: The notice is then drafted in the Legal Language by the Lawyer clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time e.g 15 days, 30 days or 60 days is given to the addressee to reply.
STEP 5 – Signing: The notice is duly signed by the Sender and the Lawyer and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. A copy of the notice is also kept by the lawyer for future reference.
Essential Information for a Legal Notice-
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?
1. 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.
2. 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
3. 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
4. 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
5. Cheque Bounce: A notice can be sent to the issuer of the Cheque when a cheque bounce. Under Section 138 of The Negotiable Instruments Act, legal action can be taken against the Issuer of the cheque.
What Should You Do After Receiving A Legal Notice? – Replying to Legal Notice
It is advisable to reply to notice in the stipulated time as not replying to the notice can benefit the Addressee.
The following things are to be kept in mind once a notice is being received.
1) Reading the notice carefully: It is important to read the Notice properly in order to understand the issue and the concerns raised. If one feels that talking to the person (Sender) who has sent the notice can resolve the issue amicably then the conversation should be initiated.
2) Contacting a Lawyer: If the content is not understood properly then it is advised to contact a good lawyer who can further take the matter ahead. It is advisable to keep a record of the time of notice within which you received the notice it will be advantageous even if the opposite party files a suit against you.
3) Briefing the lawyer: The next important step is to present your side of the story to the lawyer giving information about the facts, time and events related to the issue. So that the Lawyer can draft a proper reply presenting your side of the argument.
4) Sending the reply: Once a reply of the Notice has been drafted by your lawyer it is being sent through registered post or courier and the receipt of the post is being kept. A copy of the reply is also being kept by the lawyer for future use if the Civil suit is being filed.