How to Send Legal Notice

September 19, 2019

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There are certain instances in the Business/life when you want to send notice to other party or some time you receive the legal notice and you want to reply to the same. Then a question puzzles the most to us that what is legal notice, how to send legal notice, do we need to have lawyer to send legal notice etc. This blog will solve your all doubts.

What is Legal Notice

A legal notice is a formal communication to a person or entity informing them that you intend to undertake legal proceedings against him/her. It is a step taken before filing a suit in a competent court, and is meant to intimate the other party that legal action may be taken against him/her, if they fail to comply with some specified condition written in that notice.

Cases/Instances where one can send Legal Notice

The most common issues/disputes in which the legal notices are served upon the parties’ are-

Consumer complaints- in relation to quality of goods and deficiency of services, price charged over and above maximum retail price, false advertising etc.
Family dispute- regarding share in ancestral properties and assets
Husband/Wife Dispute- for filing divorce, domestic violence, custodu of child etc.
Dishonor of cheques- in case of insufficiency of funds or stop payment or signature mismatch etc.
Property Disputes
Violating terms and conditions of the Agreement/Contract
Public Announcement

Contents of a Legal Notice

Concise statement of the material facts giving rise to the claim
Relief sought by the claimant against each named defendant
Concise summary of the legal basis for the relief sought

Procedure to File a Legal Notice

Due care is required to be taken while drafting a legal notice regarding the selection of the words, language used, brief and actual facts of the subject matter, the applicable law and provisions etc., everything you want to communicate must be clear and crisp. Once the notice is sent there is no scope to change the language of such notice nor can you make any conflicting statement to what you have already affirmed in the Notice as the Notice is the base of initiation of any kind of formal legal proceedings in front of the Court.

Steps required to be followed while drafting a legal notice

You can draft the notice by yourself or you can hire a professional lawyer for the same as he is acquitted with the laws and procedure
The notice should be addressed to the person/entity against whom you want to take legal action
While briefing to the lawyer explain him/her the every detail related to the subject matter which compelled you to send the notice, the date on which first incidence took place, the parties involved, earlier conversations regarding the issue etc.
A reasonable period of time say 30/45 days to be allowed to the opposite party to settle the dispute or giving a reply of the notice sent before taking the matter to the court
The notice must be drafted on the plain white paper or on the letter head of the advocate
The noticemust be sent through the registered AD post
Keep a copy of the receipt of the Post and a copy of the Notice sent as well
Wait for the time period given in the notice, before filing the case in the court

This way one can sent a legal notice in case of any dispute arose between the persons.

Benefits of sending a 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.