Drafting Legal Notice

There are several occasions/events when a person or an entity and organisation need to take a legal action against another person or an entity or an organisation. The several occasions/events can be cheque bounce, consumer complaint, property dispute matter, divorce, debt recovery and etc. However, it is important for you to inform the opposite party that you are going to initiate a legal action against them. That is the reason, you send a legal notice to a person or an entity or an organisation.

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    Drafting Legal Notice

    A Legal notice is a formal written statement sent by a person or an entity with respect to some grievance. It is sent as a warning statement to the opposite party that the one sending the notice have certain grievances which are not complied by the receiver, although the receiver has given enough time to the receiver to resolve the problem.

    It is like a final warning statement to the receiver that the sender is all prepared to initiate a legal action and it is the final opportunity for the receiver to resolve the issue in hand within due time in notice.

    Why you should send Legal Notice

    • It saves the time and cost of the litigation of both the parties if the parties comply with the demand of the notice.
    • It gives a prior acknowledgement to the opposite party against whom the notice has been drafted that a suit is to be filed against him/her.
    • It is a legal requirement which should have been complied for the purpose of filing of the suit.

    Implications of Legal Notice In India

    legal notice is a document in India, when sent to someone, is like a “warning” or “intimation” given to whomever it is sent to. It is making aware of them of what they aren’t aware of. It states the wrong doing or mistakes that recipient has committed along with the penalty that the recipient may be subjected to if in case the person who sends it resorts to litigation. If you ever receive a legal notice, before you think of taking any action, it is always wise to consult a civil cases handling lawyer.

    Is Legal Notice Mandatory To Send Opposite Party?

    It always depends on the issue. A legal notice is not always mandatory to send. But in certain cases it is prescribed that a legal notice is sent before filing cases in the court of law. An example would of Section S-80 CPC (civil procedure code) that provides the mandatory issue of legal notice before suing the recipient party. Similar to this Section S-138 of Negotiation instrument act also makes it mandatory to send a legal notice for bounced cheque before getting to the court. And so filing a legal notice in certain cases can be quite fatal. Hence, it is advised if in certain cases where sending a legal notice is not mandatory, it should be avoided.

    How You Should Respond To Legal Notice Sent By Lawyer?

    1. Read the legal you received very carefully and understand it. If it requires a reply or any certain mentioned action for example in case of bounced cheque, you may simply complete the payment to the person who sent you a legal notice and the matter is cleared there itself.
    2. Consult a professional expert lawyer and present him the received legal notice, the lawyer will draft a reply for you and send it to the sender on your behalf.
    3. Depending on your reply to the sender party, the sending party can choose to either take the matters to the court of law or agree upon a settlement outside the court, and however in both cases make sure the lawyer you’ve used the advice of is well informed of the actions he is helping you to take.