What Is a Legal Notice?
A legal notice is a formal communication or intimation that one person sends to another to inform them of their intention to initiate a lawsuit. It serves to notify the recipient about the violation of the sender’s rights and establishes the sender’s eligibility to file a lawsuit.
Legal notices are typically used in civil matters, whereas in criminal matters, summons or warrants are sent by the court. A legal notice is the first step toward legal proceedings, as per Section 80 of the Civil Procedure Code, 1908.
The sender of the legal notice is referred to as the Plaintiff, and the recipient is known as the Addressee or Respondent.
Sending a legal notice does not automatically lead to a lawsuit. If the respondent responds within the specified time, it may result in an out-of-court settlement or negotiation.
Legal notice can be sent in various civil cases, including:
- Cheque Bounce
- Tenant not paying rent
- Breach of contract
- Action intended by the consumer against a company, etc.
Contents of a Legal Notice:
- Name and details of the Plaintiff.
- Name, designation, signature, and contact details of the lawyer sending the notice.
- Factual statements explaining the problem the Plaintiff faces and the intended action.
- Mention of alternate relief sought, such as monetary compensation or other remedies.
- Penal and civil consequences in case the Respondent fails to comply with the Plaintiff’s demands.
- Time period to respond, usually ranging from 15 to 60 days.
- Methods of resolving the issue, including out-of-court settlement or further legal action.
Important Procedure for Sending a Legal Notice:
- Contact a Lawyer: Discuss the violation of your rights and your intention to send a legal notice.
- Drafting the Notice: The lawyer will draft the legal notice based on the facts and details you provide.
- Sending the Notice: The lawyer will send the notice to the respondent through registered post and provide you with a copy.
- Responding to the Notice: If the respondent replies within the specified time frame, an out-of-court settlement or negotiation can be pursued.
- Further Legal Action: If the respondent fails to reply within the time frame, you can proceed with court action or any other legal measures as outlined in the notice.