A legal notice is a formal written document sent to an entity regarding the grievance. It is considered to be a warning to the receiver regarding objections of the sender. It provides enough opportunity for the receiver to resolve the problem. A legal notice is a final warning to the receiver for the initiation of a legal suit for resolving the issue in hand properly. It emphasizes the legal concept and legal process of affecting the rights, obligations, or duties of a party. It’s a step preceding the filing of a suit and making the receiver aware of its failure to comply with the specified condition.
The person who sends the notice is called Sender and the person to whom a notice sent is called an Addressee. A notice is an amicable method which allows the addressee to present his side of the story without recourse to the court. The issuing of the notice may be a statutory duty or merely optional, but the purpose of the notice is to inform its recipient i.e. the addressee the intent of the sender precisely and clearly. There must be a clear dispatch of notice and a fix liability on the Sender, to have clear proof of the notice being received by the Addressee.
Importance of filing a Legal Notice
Following are the aspects in which it is important:
- Sender’s clear intention for filing a lawsuit to resolve the issue before the proceedings.
- Grievances can be easily stated in the legal notice with the advocate’s help.
- It proposes an opportunity to resolve the issue cordially with the opposite party.
- It acts serves as a reminder of the acts, committed intentionally or unintentionally which affected the sender.
How to draft a Legal Notice?
A legal notice is essentially sent by an advocate on the behalf of its client, however, it is not mandatory to send a legal notice through an advocate. An individual can send a legal notice without the assistance of an advocate. Moreover, it is also not mandatory to send a legal notice as there is an absence of any specific provision/enactments of law which makes the issuance of a legal notice not a mandatory procedure before the filing of a suit. A legal notice is issued to solicit a settlement. The intention of the legal notice is either to accept the settlement or reject it to avail a civil suit or legal remedies.
Contents of the Legal Notice in India
- A concise statement of the material facts.
- Plaintiff’s relief against each named defendant.
- A concise summary of the legal basis for the relief sought.
Procedure to Send a Legal Notice in India
Step 1- The legal notice may be drafted by either availing the services of a professional advocate or the plaintiff himself.
Step 2- The notice needs to be self-addressed to the person against the individual who causes grievances to the plaintiff.
Step 3- The reasons for sending the legal notice are required to be mentioned precisely and clearly.
Step 4- Previous communications regarding the cause of the notice should be mentioned.
Step 5- Reasonable time should be offered to the addressee to settle the matter through negotiations or by performing the desired action.
Step 6- Reasonable time regarding the reply of the notice should also be provided.
Step 7- The notice should be registered by AD post. Moreover, the plaintiff should also keep a duplicate of receipt of the post office.
Why do we need a legal notice?
- A legal notice acts as a good start in cases where there is no previous experience in litigation.
- Gives a clear picture of the intention of the sender to launch legal action to address their issue and to make use of suitable remedies.
- This allows the parties to settle the conflict cordially without court intervention.
- It serves as a reminder to the sender of the harm caused as a result of their conduct, whether done deliberately or accidentally.
When can one send a legal notice to a company?
- Notice to the employer (company) for unpaid salary, violation of the employment agreement, termination without reasonable cause, etc.
- Notice issued against the issuer (company) of a cheque when the cheque bounces.
- Notice to manufacturing companies complaining about the delivery of faulty products or providing faulty services, 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 ______________.
ADVOCATE NAME
Conclusion
A legal notice is a formal legal document prepared by an advocate for his client or by the client himself. It is not mandatory to send legal notice before the filing of a suit in all cases, however, it is considered as an important document in the course of any legal proceedings. When it comes to sending a legal notice to any company it is not compulsory that the notice has to be served by any professional or any lawyer. Hence in the case, one can serve the guilty company a legal notice asking them to comply with the decided terms and conditions or the addresser of the notice can claim damages. Thus, following the above-mentioned procedure and format, the legal notice should be sent to the company.
This Article Written by Nehal Misra, Student of Institute of Law, Nirma University.
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