Legal notices are formal written documents sent by the victim or through an attorney to the person receiving the notice to inform them of legal action being taken against them. The notice is issued when one party is unhappy with the other or about any dispute the aggrieved party wants to resolve by suing.
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Legal notice can be sent in any civil case, including:
- Cheque bounce
- Tenant not paying rent
- Breach of contract
- Action intended by the consumer against a company, etc
If the respondent responds to the notice in time, you can have out-of-court settlement or negotiation.
The need to send legal notices can occur in the following scenarios –
- Property dispute
- Cheque bounce
- Consumer complaint
- Recovering money
- Notice to employer
The intention behind notifying the court of legal proceedings is to enable the recipient to resolve the issue without going to court.
If a legal notice is issued before filing a lawsuit and the victim can show that in the proceedings, should they occur, the chance was given to settle the issue and ensure that the receiver gets sufficient time to think about the matter and present it in his case if needed. The notice outlines the date as a warning, following which the case will be referred to the court about the mutual grievance.
ESSENTIALS OF A LEGAL NOTICE
- The reason or the basis of the action
- Relief is intended
- Any alternate compensation
- Summary of Facts and Grievance
- The entire information concerning the issue
- A signature from the lawyer and client
STEPS TO SEND A LEGAL NOTICE
Contact a lawyer to write the notice. The notice should be written in any language you want on the lawyer’s letterhead or, if you are doing it yourself, then simply on paper.
Inform the lawyer of the complete complaint details to ensure all relevant information is listed in the written order. Every detail must be recorded, including the receiver address’s identity, the issue raised, and any commitments.
All information requested must align with the circumstances and facts about the grievance, as described in the points and paragraphs of the notice.
A reason that is clear to send the notice as well as an alternative to compensation or some other relief within a specified date as notice must be given to obtain a request fulfilled or get an answer.
After you have mentioned the requirements, you proofread the notice and then sign it. The notice should be signed by the client who is causing the problem and the lawyer who drafted the notice.
Send the notice by registered mailer or courier, and keep the receipt for acknowledgement. Keep the duplicate of your notice, too.
If they agree, the lawyer could follow up with the receiver about the notice and then arrange for a discussion or meeting to settle the issue outside of court. If not, the case could be filed with the court to seek assistance regarding the issue after the time specified on the notice has passed completed.
The legal procedure for sending legal notices is quite easy. In every instance, a specific deadline is set in the notice that allows the other side to reply. The notice is issued in a civil dispute which is not considered to be a criminal one. It is not required to provide an official notice before filing any suit against anyone, but it is recommended. Under Section 80 of The Code of Civil Procedure, It is required to provide legal notices if there is a dispute with a public office before the expiration of two months from when they performed any official act function during the period.
A lot of times, a problem can be resolved without contacting the court to resolve the issue. If parties are served with legal notices and can focus their attention on resolving disputes without engaging in the exhausting process of litigation. Therefore, legal notices are a vital element and play a crucial part in the initial step of the legal process. They should be prepared and delivered systematically since they are the foundation of the documentation required when an application is made to the court.
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