What Is a Legal Notice? – Overview
How Does A Legal Notice Work?- A legal notice is an intimation sent by one person to another informing them that they intend to initiate legal proceedings against the other person. A legal notice is normally sent when an act or inability to do an act has damaged the person.
For example, it is sent in instances where a contract has been breached, when a tenant is not paying the agreed rent, when a right has been infringed, etc. It is a formal communication between two entities that makes the sender eligible to initiate legal proceedings. It is drafted under the provisions of the Civil Procedure Code and can only be issued in civil cases. Sending a legal notice has many benefits as it can lead to several outcomes without the involvement of litigation. For a legal notice to show a fruitful result, it is necessary that the notice is correct, both factually and legally. For this, help from experienced professionals is required.
Benefits of Sending a Legal Notice
- A legal notice acts as a warning. It is sent to the person to remind them of their duties and obligations. It sends a message about the legal consequences of non-compliance. It makes the person aware of your grievance.
- Caveat: It informs the person regarding a potential risk of litigation and thus provides a chance to them to rectify their errors.
- Since a legal notice is just an intimation, the parties can try to negotiate their way out of the issue at hand through other dispute resolution methods.
- Legal notices encourage settlement and discourage costly litigation.
- Legal Proof: It acts as proof that the wrongdoer/entity was approached using other means before seeking help from the court. It is a valid record.
What Should a Legal Notice Include?
An ideal legal notice includes the following necessary details:
- Precise statements of facts of the aggrieved party for which the action needs to be taken. This includes a brief of all the problems the party is facing
- Alternate relief sought by the aggrieved party needs to be mentioned. This can be monetary or by the discharging of an act
- The notice shall also include the means by which the issue can be resolved. This is included in the last part of the notice
- It includes the civil and penal consequences if the demands of the aggrieved party are not complied with
- Name and required information of the client. This also includes the address of residence
- Details of the monetary relief sought by the party. This must include the legal basis of the claimed relief
- Advocate Details: Name, designation, contact number of the lawyer sending the notice, signature of the lawyer.
Procedure for Filing a Notice
- Step 1: The notice is drafted as per the client’s requirements and sent to the other party through a registered post. The notice contains the above necessary details. The notice also includes a timeframe within which the other party is expected to respond. (30-60 days)
- Step 2: The copy of the sent notice is saved by the sender. It is a useful document if the aggrieved party initiates proceedings
- Step 3: After the timeframe is complete and the party has not responded, the aggrieved party has the advantage of going to the courts.