Legal action can only be taken if notice has already been given to the entity or person you want to bring to court. It is only this method that makes it valid to present a case in court. The notice given is known as ‘Legal Notice’. A legal notice, therefore, is a formal notice to a person or entity, informing the other party of your intention to initiate legal proceedings against them. Legal notice can serve as a goal of negotiation between the parties and save time, effort and money spent on court cases.
This informs the party about your complaint. Many times, a legal notice given puts the other party in difficulty, and the difficulty can be settled out of court, with fruitful arguments from both the parties. If the opposite party is still not paying attention to the complaint, court proceedings can always be initiated after a specified interval declared by law.
Focus on Essential
Legal notice is filed only in civil matters as per ‘Section 80 of the Code of Civil Procedure, 1908’. A legal notice is a notification and thus contains the following information:
- Precise statements and facts describing the complaint for which response is to be sought.
- Alternatives/relief sought by the aggrieved party.
- In addition, the problem at hand is set out, a summary of the facts, and the manner in which it can be set out.
problems faced by the aggrieved party, What needs to be mentioned is what can be done to resolve the issue. The legal notice should include a detailed description of how relief can be sought/ if the complaint is mutually agreed upon, the problem can be resolved.
Essential Contents of a Legal Notice
- Name and required reports
- Description
- Residence of informant
- Aspects of influence
- Monetary relief required by the sender of the notice
- Summary of the legal basis for the compensation claimed
Cost of sending legal notice
The plan to prepare and send a legal notice document to anyone within or outside a veteran’s office usually costs from ₹2500/- to ₹6500/-. However, the cost will also depend on the case concerned; For example, if a legal notice is to be sent in respect of a small check bounce, the compensation would be as cheap as ₹500/-, while in case of complex cases drafting would cost more.
Benefits of Legal Notice
- Report
A legal notice, if sent, Get your intention passed before legal proceedings begin. A legal notice makes the other party aware of the injury. A legal notice informs the other party about the same and about the consequences of their actions which they may have to face in the court.
- Recorded
A legal notice is a written notice that tells the opponent your plan of action. A legal notice creates an apprehension in the mind of the other party that the aggrieved party is going to the court of law.
- Out of Court Settlement
A legal notice constitutes or mentions the party’s complaint, which is comprehensive of all essential facts. It specifies the relief and legal remedy ordered by the party. The report also clarified that the objection can be resolved amicably if the other party agrees and within the stipulated time frame.
- Shared Conclusion
Legal notice can be profuse in procuring the desired result instead of verbal transmission. a written notice and or reply to legal notice, as a result of which,Make mutual agreement between both the parties.
- Low Cost
Notice is a powerful tool and not that expensive. The cost of advice can vary from office to office, and the complexity of the issue is affected, however.
- Dismiss Uncertainty
Once the answer is accepted, any doubts about intentions are resolved. If no response is received within the time limit with respect to the notice, it becomes apparent that the acquiring party has negligently taken the notice, And legal remedial tools can be availed from there.
- Inscription
It is a written record that a valid relief was sought from the receiving party before going to a court of law. The notice may be attached with the record of the court and may be produced during the course of litigation.
Checklist for Legal Notice
- Are deprived of the authorized rights to the resources.
- A dishonored cheque.
- Personal disputes ie divorce, alimony and custody of juveniles
- To obtain a specific representation of the contract.
- If the intellectual property of the legal owner has been infringed
- When agents of a company are victims of sexual harassment, cruelty or violation of labor laws.
- Illegal termination of employment.
- Wage dispute between the association and its employees or workers
- breach of agreement by the signatory
Process: Providing Legal Notice
- The first step is to prepare a legal notice, with the problem, the remedy sought, and a specific time frame (say, 30 to 60 days) for resolving the problem. To be directed to the other party, and sent via a registered AD post.
- Save the copy of the release sent after tendering the notice. This can be helpful in case of filing for court proceedings.
- Wait a certain amount of time before filing a court trial.
- The person or entity to whom the legal notice is addressed will have the days mentioned above to return with the notice.
- Although the opposite party may or may not respond to the legal notice, Nevertheless, since the wording, legal notice is necessary if the matter reaches the court, and it is necessary to cite the law under which you have made the claim, having a legal expert to make copies of the legal notice is a good idea for you. Will work for profit.
- The same is applicable in response to legal notices, as here too, one may not be aware of the appropriate law to be used to back the claims sought by the other party.
Is it mandatory to issue legal notice?
Essentially, as per Section 80 of the Code of Civil Procedure, 1908, a legal notice is required to be given before filing a suit if the opposite party is a state or public authority. But, in general, it is observed that advocates give legal advice before filing all civil cases. However, it is not mandatory to give legal notice in all civil cases except in the case of filing a suit before the government or a public authority. Yet formally it has been sent with a plan to sue on behalf of the party.
Details to Identify
- The person/party to whom the suit/notice is being served is called the “respondent” or “respondent”. A ‘legal notice’ can be answered only if it has credit and needs to be answered.
- One of the most obvious reasons why legal notices are used has to do with integrity. It is clear that the notice sent by the plaintiff may not reach the defendant; This may be due to variation in address, location, or data about the defendant that is not available to the plaintiff. So far, generally, such a situation has not been encountered, but we can take appropriate legal steps in these situations.
- If the contents of the notice – and the facts stated therein, may go against you if contested in court – then consult a solicitor of repute and repute who practices in issues relating to the sending of the notice and consult with them to review it. For example, if the notice covers material disputes, consult a civil lawyer. On the other hand, if the notice relates to family disputes, Meet an attorney who practices family law – and more.
- As to whether or not to respond to the notice, leave it to your lawyer. Your initial consultation with a lawyer will help you understand whether there is a need to respond to the notice (or not), and what are the right steps to take to resolve the issue.
- If the notice is converted into a lawsuit, you will have to respond. Make sure all your facts are in place, the next course of action is advised by your lawyer in the proper sequence.
Result: Improper Service of Legal Notice
Notice is an important element of court proceedings. As per law, all the parties, that is the court, the defendant and the petitioner, must be informed about all the relevant facts about the case.
Legal notice is necessary to allow the defendant to properly prepare for the court hearing. Such preparations include hiring lawyers and compilation of legal documents, etc. Till the court of law is satisfied that all the parties have received adequate and proper notice, it can take necessary action to protect its rights. In those cases, the court will not proceed with the position. this may result
- suspension or delay in case
- A court order already established in your favor may be reversed, set aside or declared invalid.
- There may be supplementary costs or court costs.
- You may be asked to republish or redisplay the notice.
Assumption: Caveat Petition Vs. legal notice
- Caveat petition is explained through section ‘148A’ of the Code of Civil Procedure, 1908. Caveat petition is defined as a prudential measure taken by a person who has a great apprehension or agitation. Another case against him is being filed in any court of law connected with it. Caveat is generally a Latin phrase, which proposes ‘a person to be careful’.
- Whereas the Code of Civil Procedure, 1908′, and it is produced only in civil matters. All legal action can be taken after a person or entity has been directed to take them to court. It is this process alone that makes it legal to take a matter to court. The notice that is sent is known as legal notice. Therefore, a legal notice is an official communication to a person or entity, informing the other party of its intention to take legal action against them
FAQ
Q. Who can conscript a legal notice?
Expert civil litigation advocates should write a piece of legal advice carefully
Q. What is the maximum period to file a reply to a legal notice?
The limitation/maximum period to file a reply to a legal notice varies from case to case basis. It can range from 15 days in some to 30 days in case of dishonor of cheque. In instances of consumer complaint, it can range up to 45 days or any number of days as stipulated in the notice or the statute under which the notice is filed.
Q. What if there is no reply to a legal notice?
No reply to notice can add an advantage to the sender in a court of law. Thus, to assure that no response to notice should become a ground proving your fault, it is always preferable to reply to such notice.
Q. What is a show-cause notice?
Show cause notice is a notice sent to any persons by any authority, i.e., government, employer, government employee’s, passport authority, etc. to get a reply back with a reasonable cause as to why a particular action shouldn’t be taken against him concerning the defaulting act done by him.
Q. When can the buyer send a legal notice to a builder?
In the age of RERA, a legal notice can be sent by the buyer to a builder if he refuses to give possession, abandons project site, delays possession, refuses to provide possession certificate or adhere to provisions of RERA.
Q. When can the landlord send a legal notice to the tenant for eviction?
The period is specified in the rental agreement or lease deed or is determined by local customs in that area. If the tenant refuses to leave the premises, the landlord can send a legal notice concerning the same.
Q. When can the bank send a legal notice under the SARFAESI Act for debt recovery?
When the loan is due the bank can issue notices for payment of the debt and express its intention to declare the financial asset as NPA. In case of default to pay the notice can be sent when the bank decides to convert NPAs into liquid money by selling the same to Asset Reconstruction Company, declaring that the person is now a borrower of that Company and not the bank.
Q. In what matter does a consumer send a legal notice in the form of a consumer complaint notice?
- Loss or damage is happened to the customer due to illegal or restrictive trade practice of a trader or service provider;
- The article bought by a consumer is defective;
- The service opted of by a consumer suffer from any slackness;
- A trader or service giver, as the case may be, has charged for the goods or the service mentioned in the complaint a price over the stipulated amount;
- Products or assistance, which will be dangerous to life and safety, when used, are being allowed for sale to the public.
