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Legal Notice In Civil Cases

  • Writer: leadindia831
    leadindia831
  • Dec 6, 2023
  • 4 min read

A legal notice, also referred to as the notice of claim, is a formal document serving as a warning of impending legal action. It could be understood as a written communication sent by one party (the Sender) to another party (the Addressee) to inform them that a legal action would be taken if certain conditions mentioned in the notice are not met with. A legal notice could typically be understood as the first step taken before filing a lawsuit.


Purpose of a legal notice is to provide the Addressee an opportunity to rectify the situation before initiating the legal proceedings. It sometimes also serves as a means of resolving disputes in an amicable manner without the need for a costly and time-consuming lawsuit. A legal notice will generally be used in civil cases, including those of property disputes, dis-honour of cheques, breach of contract, and divorce proceedings.

Legal Notice-

A Legal Notice is a kind of formal communication with the other party, informing him or her about the grievance faced by the sender and also his or her intention to initiate legal proceedings. Therefore, a Legal Notice can also be termed as a formal intimation by one party to the other about the intention of the sender of initiating the legal proceedings.


Procedure for sending a legal notice-

A required procedure has to be followed as provided by the law to send the legal notice. Steps explained below must be considered before sending a legal notice-

  1. On of the crucial steps when sending a legal notice would be the appointment of an experienced advocate who has good drafting skills and necessary technical knowledge about the field related to the grievance which is suffered by you, and a lawyer who shall be able to help you with drafting your legal notice -

  • Based on the advice of the advocate, legal notice explaining necessary facts and issues causing grievance to the sender of the notice are required to be mentioned in the notice.

  • The fact that legal notice has to be sent to the other party must be ensured.

  • It must make sure that the party understands the language in which the notice is sent.

  1. The sender would have to ensure that following details are mentioned correctly in the legal notice-

  • Names of the parties

  • Address of the parties

  • Grievance faced and other necessary matters must be mentioned as well

  • Previous attempts made to reconcile with the other party.

  1. After relevant information is provided by you, the appointed lawyer will carefully study the case, he may also ask for further information as necessary, based on which a final draft will be prepared.

  2. A legal notice should be prepared by the advocate in the legal language as required by the provisions of the law. The legal notice contains-

  • Reason behind sending the legal notice

  • All previous communications which are related to the cause of notice

  • A reasonable time period is necessary to be given to the addressee to send a reply of the respective notice (from 15-30 days approx.)

  1. Legal notice sent must include signature of the advocate sending it. It would then be sent by a registered post or courier, whose receipt would be required so as to be kept by the party sending notice for further legal proceedings.

  2. Party which has received the notice would have to send a reply to the notice either in person or by an experienced advocatewithin the time period provided in the notice.

  3. After receiving the reply of the other party, the aggrieved party may either decide to resolve the issue if expressed so by the receiver or can file a petition in the court seeking justice if not satisfied with the reply sent.

How is a legal notice drafted ?

  • A legal notice will be drafted on the letterhead of the lawyer appointed by the aggrieved party.

  • A legal notice would contain communication details of the sender including his name, contact number, address, other related details on whose behalf the notice was sent.

  • Notice shall include the name and contact details of the advocate who has sent the notice. The date and the signature of the advocate should be included in the Notice as well.

  • The rights of the aggrieved party which were infringed and in what way must also be explained in the notice in a clear and concise manner

  • Specific directions for the opposite party as well as the time limit provided for sending the reply must be mentioned as well.

Language of a Legal Notice-

A legal notice could be sent by anyone in any of the Indian languages, however generally English will be the preferred choice. The Notice is required to be written in a concise manner, so that receiver is able to easily understand the content written in.


Conclusion-

As can be understood from the above discussion, legal notice helps impart the message of the aggrieved party by explaining his or her intention of initiating the legal proceedings. Legal notice must include grievance which has been suffered by the aggrieved party including the compensation which would be acceptable. As can be understood from the above discussed procedure, it is a simple process to send a notice, however it is still advised to seek the advice and assistance of an experienced advocate who shall help you draft the notice in a professional manner, as if you later wish to continue the proceedings in the court of law, a legal notice would also help set the directive of your case.


Lead Indiaoffers you a wide pool of experienced advocates who have been handling cases related to criminal as well as civil suits successfully, in case you received a Legal Notice they could help you assist or offer guidance. If you wish to ask a legal question or free legal advice, you may contact us.


Call Us: +91–8800788535


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