How to send a Legal Notice in India?- Legal Notice Format & Procedure

Legal action can be initiated upon an individual or an entity only when you send a legal notice to them. It is this process which brings the matter to the Court. The intimation sent to the person is known as legal notice. The legal notice format is easy as it is the most basic document in the legal field.

Here in this article, we are discussing legal notice, its importance, the procedure to send a notice, format of legal notice and other important facets of a legal notice.

What is a legal notice?

A legal notice is a formal communication which informs the party about the intention of the other party about their intention to undertake legal proceedings against them.

Importance of legal notice

• If someone is confused about case filings, then the legal notice serves a head start.
• It gives out the intention of the sender to start the legal proceeding for resolving the issue and availing remedies.
• A notice gives an opportunity to the parties to cordially resolve the dispute without court interference.
• It’s like a reminder to the receiver about the case.

Circumstances under which one sends notice

There are various reasons for sending a legal notice. Following are the reasons for sending a legal notice-

• A notice can be served to an employee for any violation of the terms of the employment contract or for violating the HR policies.
• Notice can be served to the employer as well for unpaid salary, violation of the employment agreement, and termination without any reasonable cause.
• Notice is also issued after a cheque bounce.
• In matters of property dispute also a legal notice is issued.
• Notice can also be issued for personal issues like divorce, child custody etc.
• A faulty product notice is given in case of delivery of faulty products.

Who has the power to send a notice?

If anyone infringes a legal right of another person, that person can send a legal notice to him. In simple terms, if any person has faced a legal issue, he has the power to send a legal notice through an advocate or by himself.

Is it mandatory to send a legal notice?

According to Section 80 of The Code of Civil Procedure, 1908, in case the opposite party is a government or public officer, then it is mandatory to serve legal notice before filing a case.

But nowadays, the advocates serve legal notice before they file a civil case. However, the same is not mandatory.

Advocates send the notice in nearly all civil cases so that it comes in the knowledge of the opposite party.

How to send a legal notice?

• Firstly, we need to hire lawyers who will assist us in drafting the legal notice. Besides, it also needs to be drafted in the language, which is understood by the receiver.
• You have to provide the necessary details of the matter.
• The lawyers will collect the required documents and draft the notice accordingly.
• The notice should be made on the letterhead of the lawyer with the signature of the lawyer and sent to the concerned person through registered post.

Key ingredients

Filing of legal notice is dealt under section 80 of The Civil Procedure Code, 1908, it is only filed in civil matters. Legal notice format is easy. The legal notice is just like an intimation, and following are the key ingredients of legal notice-

1. A precise statement of the facts relating to the grievance against which action is sought.
2. It should state the alternative relief sought.
3. It should mention how the problem is solved and a summary of case facts.

The legal notice should have a complete brief of the issues and what needs to be done to resolve the issues. The ending of the notice should have a detailed account of the relief sought. This format of legal notice should always be complied with.

A perfectly drafted legal notice will help to resolve the issues faster. It can also act as a mediator and help out of court settlement if both the parties can compromise on the issue.

Laws related to Notice

Legal notice under Section 80 of  CPC

The legal notice is sent in a civil matter. In criminal matters, there is no filing of the notice. Section 80 states sending legal notice to a government or public officer if someone wants to initiate actions against them for doing something during the course of their employment until the expiration of two months. This gives an opportunity to the Secretary of the State to resolve the issue before the case reaches the Court and offer compensation.

Cheque bounce notice

In cheque bounce matters, it is mandatory to send a notice to the issuer of the cheque within 30 days of dishonour of cheque. If repayment is not complete after 15 days of notice, then legal action can be taken within 30 days.

Drafting a legal notice

A legal notice is one of the most uncomplicated legal documents, it requires a lot of precision and accuracy, and it should send a correct message. Primarily a legal notice is sent by an advocate on behalf of the client. One can also send a legal notice without assistance from the advocate.  A legal expert will help you to put forth the notice according to the law.

Following are the steps to be followed while drafting a legal notice-

1. The first and foremost step is to draft the notice, including the issue, relief and time frame for resolving the issue and the parties to whom the notice is to be given. It should be sent through a registered post.
2. Additionally, the sender has to keep a copy of the receipt. This will help while filing a case in the Court.
3. One has to wait for a specific time before filing a case.
4. Lastly, the person to whom the notice is sent will be given time to revert back.

People don’t reply to legal notice served upon them, it is essential for the person to whom it is addressed to reply to the notice within the given time. If one does not reply, then he will be deemed not to follow the law and thus will be at a disadvantage in the Court.

Personally sending legal notice is possible. But as legal notice is an essential step before the case reaches the Court and framing the notice efficiently is essential. Therefore, it is vital to hire an expert in the field of law.

Conclusion

A legal notice is a formal legal document which is the first step towards a legal proceeding. Therefore one needs to follow the prescribed legal notice format for addressing all the key issues of the complaint. Although it is not mandatory, it is always advisable to give one so as to avoid the Court proceeding. Moreover, everything depends on the drafting of notice and the presentation of issues.

For more information on legal notice format and assistance in drafting various legal notices like cheque bounce notice, contact our team of experts at LawyerINC.