An individual or entity may need to sue another individual or entity. Consumer complaints, property disputes, bounced checks, divorces, evictions and other instances may arise. It is important for you to let the other person know that you intend to sue them. Therefore, a legal notice is sent to a person or entity.
What is a Legal Notice?
A legal notice is a formal written document sent by someone or an entity regarding a grievance. The notice informs the receiver that the sender has certain grievances that the recipient has not addressed, although the receiver has given the receiver numerous chances to solve the problem.
Senders use this letter as a final warning to receivers that they may initiate legal action and give the receivers one last chance to resolve the issue at hand properly.
Importance of filing a Legal Notice
Occasionally, you may become confused about how to initiate legal action to resolve your matter. The filing of a legal notice marks the beginning of your litigation journey. There are several aspects to consider:
- By sending a legal notice one can express a clear intent on the part of the sender to file a lawsuit in order to resolve the issue, which may prompt the other party to respond immediately to avoid a lawsuit.
- Through the help of an Advocate, one can clearly express his grievances in a legal notice.
- A legal notice gives the receiver, that is, the opposing party, the opportunity to resolve the matter amicably.
- It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.
The Procedure Of Filing Of A Legal Notice
The use of common phrases in a casual manner carries legal significance and meaning that we are ignorant of. Therefore, when writing a legal notice, we should exercise extreme caution with each and every word we use and avoid admitting any such fact that you may later deny in a court of law. Once a legal notice is sent, it cannot be amended and you cannot later contradict the statements and information contained in the legal notice.
A good draftsman should be your advocate. Legal Notices can be sent in any of the Indian languages, but in most cases, English is preferred. In your Notice, you should identify the party against which you are filing a complaint or suit.
Explain to your advocate in detail the facts, along with the names of the parties, their addresses, dates of transactions that have been completed or that need to be completed, and any problems or challenges encountered during previous attempts to communicate.
The advocate then examines the matter carefully based on the information obtained, makes relevant and pertinent points during the conversation with you, and seeks additional information if needed.
The advocate then begins drafting the legal notice in legalese, clearly stating the reason for the notice’s transmission, all prior communications with the addressee regarding the sender’s grievances, and providing a reasonable time frame of 15 or 30 days to the addressee to resolve the matter at hand through negotiation and performance of the required action.
Lawyers on behalf of the sender of the notice, depending on their grievance, usually stress the need to act within the timeframe to either satisfy or seek a response.
The Advocate and Client sign the notice, which is then sent to Registered AD post and the Acknowledgement is kept. Advocates keep a copy of the notice with them at all times.
A typical practice is for advocates to call the other party after a reasonable amount of time has passed, so they can get a response from the other party.
A legal notice is a formal legal document prepared by an attorney on behalf of a client. Though it is not essential to serve legal notice prior to filing suit in all circumstances, it is a critical document in the course of any legal procedure since in the majority of cases, actual problems or concerns are handled without the need to go to court through the service of the notice. The effectiveness of a legal notice is also contingent upon an advocate’s drafting abilities, namely how he presents the issues at hand to the receiver.