Format for Legal Notice
A Legal Notice is a “notice” indicating your opponent that you are preparing to litigate a lawsuit against him/her in case if the so called demand is not fulfilled.
Why you should send Legal Notice
- It saves the time and cost of the litigation if the parties comply with the demand of the notice.
- It gives a prior acknowledgement to the party against whom the notice has been drafted that a suit is to be initiated against him/her.
- It is a legal requirement which should have been complied for the purpose of initiation of the suit.
Contents of Legal Notice
Essentially it consists of following things:
- Concise statement of the material facts giving rise to the claim;
- Relief sought by the plaintiff against each named defendant;
- Concise summary of the legal basis for the relief sought
Types of Legal Notices:
EXAMPLES OF LEGAL NOTICE
1. Legal Notice to a company for non-payment of salary and other interest and allowances
To, Date:
XYZ. Company Private Limited
Through its Managing Director
Mr. ABC
Sir,
Under instruction and on behalf of my client Ms. A, Resident House No. 3/96, Gomti Nagar, I do hereby serve you with the following notice:-
- That my client was appointed by your offer letter dated 20th November 2014 and the salary of my client was fixed at Rs. 25000 /- per month with respect to your offer letter dated 20th November 2014. But my client joined her duty on 20th December 2014 with you.
- That my client did her duty diligently, regularly and with utmost punctuality and sincerity, and with full devotion by doing manual job with her own hands in accordance with the well-settled provisions of the law. You issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client along with the Identity Card.
- That on 4th October, 2015 when my client went to attend her duty then your office abruptly refused to allow to my client to attend her duty and told that services of my client are no more required by your office and thus the services of my client have been terminated by you in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of termination of the services of my client, you did not pay the salary for the month of August and 15 days salary for the month of September which comes to Rs. 37,500/- to my said client.
- That my client visited your office from 9 a.m. to 4 p.m. from time to time and spent a huge amount of Rs. 4500/- on the charges of traveling but you refused to pay and also the amount of Rs. 10,000- my client spend while doing field work for your company. Lastly on 7th December, 2015 you clearly refused to pay the salary amount of Rs. 37500/- to my client along with traveling charges and amount spend on field work.
- That you did not provide me statutory benefits i.e. Providential Fund. etc. You also did not pay amount of bonus and other service benefits which totally comes to Rs. 28000/-
I, therefore, call upon you through this Notice, to make the payment of the Rs. 80,000/- to my client along with interest up to date, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file criminal as well as civil suit and Suit for Recovery in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well.
A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.
Advocate
2. Legal notice under Section 138 of Negotiable Instrument Act for dishonour of cheque
To, Dated:
Mr. ABC,
Dear Sir,
Under the instruction and authority from my client Mr. A( here referred to as my ‘client’), I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instrument Act, 1881:
- That my client knows you, the notice, from the last 4-5 years and on that account you had gained the faith and confidence of my client, that you demanded a friendly loan of Rs.4,00,000 from my client in the month of May. My client provided you the said amount.
- That earlier, you issued a cheque dated 27th June, 2015 for Rs. 2,50,000 drawn on ******, in order to discharge your partial liability. At the time of issuing the cheque, you assured my client that the same is good for value and will be honoured as and when presented.
- That when the aforesaid cheque was presented, for encashment by my client to his banker the same was returned unpaid by the banker with the reason that there was “Insufficient Fund”. My client informed you about it through telephone.
- Despite various reminders, you failed to make payment to my client. You tried to avoid the matter and started to ignore my client. Since my client is left with no other option but to present you with legal notice.
- That you have failed to comply with the provisions of the law and also failed to discharge your liability from your account and the same cheque was dishonoured intentionally and willfully.
- That, either you discharge your liability towards my client in next 15 days or criminal and civil charges will be framed against you, and you can be punished for imprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
Advocate
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