Overview of Legal Notice
Legal action can only be taken when already notice has been served upon the entity or person you wish to bring to court. It is only this method that legalizes producing a matter to court. The intimation given is known as 'legal notice.' A legal notice is, hence, formal notification to a person or an entity, notifying the other party of your purpose to commence legal proceedings against them. Legal notice can serve as a target of negotiations among the parties and save time, effort, and money spent in court cases.
This makes the party aware of your complaint. Many times, a legal notice served will bring the other party on heels, and the difficulty can get resolved out of court, too, with fruitful arguments on both sides. If the opposite party is still not heeding to the grievance, one can always start the court procedures after a particular interval, as pronounced by the law.
Note on Essentials
A legal notice is filed as per 'Section 80 of Code of Civil Procedure, 1908', only in civil cases. A legal notice is a notification and thus carries the following information:
- Precise statements and facts describing the grievance for which the response is to be taken.
- Options/relief solicited by the grieving party.
- Moreover, the problem in hand is determined, a summary of facts, and the way it can be determined.
A comprehensive brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue, needs to be mentioned. The Legal notice should include a detailed account of how relief can be taken/problem solved if mutually agreed upon the grievance.
Essential Ingredients of a Legal Notice
- Name and required report
- Place of residency of the notice sender
- Aspects of the effect
- The monetary relief needed by the sender of the notice
- The Summary of the legal basis for the compensation claimed
Expenses on Sending Legal Notice
The plan of composing and sending a legal notice document to someone within or from a veteran's office will usually generally cost anywhere from ₹2500/ to ₹6500/-. Nevertheless, the cost will also depend on the case in question; for instance, if a legal notice is to be sent concerning a little cheque bounce, the compensation will be as cheap at ₹500/- whereas in case of drafting complex case issues will cost on the higher side.
Benefits of Legal Notice
A legal notice, if sent, passes your intention before the commencement of legal proceedings. A legal notice gives the other party aware of the injury. A legal notice tells the other party of the same and the outcomes of their actions, which they may encounter in a court of law.
A legal notice is a written intimation which conveys the opponent your plan of action. A legal notice creates anxiety in the other party's mind that the aggrieved party is going to the court of law.
- Outside Court Settlement
A legal notice constitutes or mentions the complaint of the party, which is comprehensive of all the necessary facts. It specifies the relief plus the legal remedy ordered by the party. It is also made clear in the report that the objection can also be sorted amicably if the other party agrees to and within the provided time frame.
- Shared Conclusion
Legal notice can be prolific in the procurement of the wanted result rather than oral transmission. A notice and or a reply conscripted for a legal notice can, consequently, bring a mutual compromise between the two parties.
- Fewer Expenses
A notice is a potent tool and not so costly. The cost of the advice may differ from office to office, and the complexity of the issue affected, though.
- Dismissal of Uncertainty
Any doubt concerning the intentions is resolved once a reply is assumed. If no response is received in the time frame with concerns to the notice, then it becomes clear that the acquiring party has taken notice casually, and the legal remedial devices can be availed there onward.
It is a written record that a valid relief was sought from the receiving party before going to the court of law. The notice can further be annexed with the court records and can be presented during litigation.
Checklist for Legal Notice
- Authorized rights to the resources are denied.
- A dismissed cheque.
- Private disputes i.e., divorce, sustaining, and custody of juveniles
- To achieve a specific representation of the contract.
- If the intellectual property of the legitimate owner has been infringed
- When agents of any company are subject to sexual harassment, cruelty, or violation of labor laws.
- Illegal termination from a job.
- A pay dispute between the association and its employees or laborers
- Breach of agreement by the signatory
Procedure: Arranging a Legal Notice
- The first step is to compose a legal notice, with the issue, the remedy sought, and a particular time frame (say, 30 to 60 days) to solve the problem, is to be directed to the other party, and sent through a registered AD post.
- After tendering the notice, save the copy of the release sent. This may come in helpful in case of filing for the court proceeding.
- Wait for a given time before the filing of the court trial.
- The person or entity on whom the legal notice is addressed will have the above mentioned days to revert with the notice.
- Although the opposite party may or may not respond to the legal notice, it is necessary for a person on whom the legal notice is addressed to send a reply in the specified time. If not replied to notice, one may be at the deprivation of not following the law, and thus, may provide the other party undue influence while appearing in the court.
- Legal notice can be sent individually, too. One can draft a legal notice and approve it before sending it to the other party. Nevertheless, since wording, legal notice is necessary if the case reaches the court, and the citing of law under which you have raised the claim is required, having an expert in law to make the copies of the legal notice will work to your advantage.
- The same applies to reply to a legal notice, too, since here also, one may not know the appropriate law to be used to revert to the claims demanded by the other party.
Is issuance of Legal Notice obligatory?
Essentially, as per Section ‘80 of the Code of Civil Procedure, 1908’, it is necessary to serve a legal notice before the filing of a suit if the opposing party is State or Public officer. But, in general, it is seen that Advocates serve legal advice ere the filing of all the Civil cases. Nevertheless, it is not mandatory to help legal notice in all civil cases except in case of the filing of a suit facing Government or Public officer. Still, formally it has been sent by the party planning to sue.
Details to Identify
- The individual/party being served with the lawsuit/notice is called "the respondent" or "defendant." A 'legal notice' may be responded to only if it has credit and needs to be replied.
- One of the most outspoken reasons as to why legal notices are used deals with integrity. It is obvious that the notice sent by the plaintiff may not arrive at the respondent; this can be due to a variation in address, location, or data about the respondent that is not available to the plaintiff. So far, usually, it has not been across such a situation, but there are appropriate legal steps we can take in these situations.
- If the notice has material – and the facts stated therein, if contested against in the court, could go opposite you – then do consult a restricted and reputed lawyer who practices in the issues related to the notice being sent and review it with them. For example, if the notice involves belongings disputes, visit a civil lawyer. On the other hand, if the notice is concerning family disputes, visit a lawyer who exercises family law – and so on.
- Regarding the question of whether to reply to the notice or not, leave it to your lawyer. Your initial consultation with the lawyer will help you understand if the notice needs to be responded to (or not), and what the right steps are to resolve the issue at hand.
- In case the notice is changed into a suit, you must respond. Ensure that all your facts are in place, the next rounds by your lawyer are advised in a due sequence of action.
Outcomes: Inappropriate Serving of Legal Notice
Notice is a crucial element of court proceedings. By law, all the parties, which are the court, defendant, and petitioner, should be certainly notified about all the relevant facts about the case.
The legal notice is necessary to allow the defendant to prepare appropriately for the court hearing. Such preparations involve the hiring of lawyers and compilation of legal documents etc. Until the law court is satisfied that all parties have received adequate and proper notice, they may take the necessary actions to protect their rights. In those cases, the court will not proceed with the situation. It may result in
- A suspension or delay in the case
- An already established court order in your favor may be reversed, revoked, or declared invalid.
- Supplementary costs or court charges may be incurred.
- You may be asked to re-publish or re-serve the notice.
Notion: Caveat petition Vs. Legal notice
- Caveat petition is explained via Section '148A of Civil Procedure Code', 1908. Caveat petition is defined as the prudent measure taken by an individual who holds a great fear or agitation that some. The other case against him or her is going to be filed in the court of law linked to any manner. The caveat is usually a Latin phrase, which proposes 'let a person beware".
- Whereas a legal notice is filed under Section '80 of the Code of Civil Procedure, 1908', and it is presented only in civil cases. All legal action can be taken subsequent the notice has been served upon the individual or entity one instructs to take to court. It is only this process that legalizes getting a matter to court. The notice which is sent is known as a legal notice. So, legal notice is an official communication to a person or an entity, informing the other party about the intention to undertake legal proceedings against them.
Frequently Asked Questions
A legal notice in employment cases can be sent under the following instances: Unpaid salary to the employee; Sexual harassment at the workplace; Non-adherence to Company’s policies and employment contract; Disclosure of confidential information of Company to outsiders; leaving a job without resignation letter; False claims of sexual harassment.
Expert civil litigation advocates should write a piece of legal advice carefully
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 dishonour 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.
No reply to notice can add an advantage to the sender in a court of law. Thus, to ensure that no response to notice should become a ground proving your fault, it is always preferable to reply to such notice.
Show cause notice is a notice sent to any person 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.
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.
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.
When the loan is due to 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.
- Loss or damage is happened to the consumer due to illegal or restrictive trade practice of a trader or service provider;
- the article bought by a consumer is defective;
- the services 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.
The primary object of the co-operating legal notice is to display the intention of initiating legal measures.