Legal Notices are typically issued by those involved in civil issues involving violations of marriage agreements, marital disputes, and negotiable documents. Legal notices are an efficient method of saving money and time for the parties and offer them an opportunity to solve problems with a consensus. This article will provide comprehensive information about the fundamentals of sending a legal notice in India.
Legal notices are basically a message or information with clear language that an individual or organization gives to another person/entity, to perform or not to perform certain acts in violation of which the person who sent the notice will seek legal recourse. In simpler terms, it’s an official communication in which you inform the other party that you are planning to pursue legal actions against him or her. This is the first step to take prior to filing an action.
The person who delivers the notice is known as Sender, and the person to whom the notice is given is an Addressee. A notice provides the recipient an opportunity to explain his perspective in a non-judgmental manner that does not require recourse before the courts. Notices are served only if it is received or rejected by the recipient.
Civil cases are the only ones where a Legal Notice can be filed.
- Disputes related to property
- Matrimonial Issues
- Issues related to Negotiable Instruments
- Sexual Harassment at the Workplace
- Non Payment of Salary, etc.
How to draft a Legal Notice?
A legal notice may be filed for many reasons, as stated above, but if one plans to start a Civil Suit against the Government, the person must give legal notice to the relevant Governmental Organisation before filing a Civil Suit.
Section 80 from The Code of Civil Procedure 1908 permits sending an official notice to the government or public official if the person wishes to bring any lawsuit against the person in connection with any violation they committed during their time of service. The reason for a notice in this instance is to provide an opportunity for the officer to reconsider his actions and give a reason or provide compensation.
Steps to draft a Legal Notice are –
STEP 1 – Contacting a Lawyer: Legal Notices are distributed by a lawyer which is the initial step in reaching an attorney.
STEP 2 – Sharing Information: Detailed information is provided to the lawyer, including the names of the parties’ addresses, grievances, issues, and the relief sought.
STEP 3 – Providing the Documents: All the required and necessary documents are given to the lawyer in order to file the form of notice.
STEP 4 – Drafting: This notice will be prepared in Legal Language by the Lawyer with a clear explanation of the reason why the notice is sent, details about prior communications, as well as a specific date e.g. 15 days, 30 days, or 60 days are given to the recipient to respond.
STEP 5 – Signing: The notice is signed by the sender and the lawyer and typically sent by registered mail or courier with the acknowledgment receipt being kept safe. The notice will also be retained by the law firm to be used in future references.
