All about Legal notices

When informal communications do not pave the way for enforcing contractual obligations, resolving marital issues, and so on, formal communication between parties is necessary. Legal notice is the way to establish formal communication between parties to a dispute. It gives leeway to parties to resolve their issues by way of a common consensus.

What is a Legal notice?

A legal notice establishes formal written communication between the parties. It is an intimation that the sender of such legal notice intends to set legal proceedings in motion against the recipient of such notice. By way of legal notice, a sender communicates his grievances to the recipient with respect to the legal obligations between them and if the recipient chooses to pay no heed to such grievances, the dispute will reach the appropriate judicial institution, at the will of the sender.

Importance of Legal notice

Litigation has always been a costly and tedious affair. Courts are already overburdened with existing disputes before them. Consequently, the parties have to run from pillar to post to obtain the appropriate remedies. Moreover, justice delayed means justice denied. Therefore, the primary approach of the parties should be to resolve their disputes without approaching litigation as an option by resorting to out-of-the-court redressal mechanisms.

Legal notice facilitates dialogue between the parties and saves them from the hassle of formal legal proceedings.

Essentials of a Legal notice

A legal notice is optional and not a mandatory procedural formality to be followed.

A legal notice does not require parties to take the assistance of a lawyer. However, it is advisable to avail the services of a lawyer for the same to inform the recipient of the legal consequences that might arise from his ignorance of the notice.

Section 80 of the Code of Civil Procedure, 1908 contains law relating to legal notice. Accordingly, a legal notice should contain the following:

i) Description of the sender,

ii) Cause of action, and

iii) Legal remedy which the sender may seek in case of ignorance of legal notice.

Moreover, a suit should be filed only after the expiration of a period of two months from the date of service of such notice. It is the duty of the sender to give reasonable time to the recipient to act on such notice.

Pointers to be kept in mind

i) The process of serving a legal notice by registered post/courier can take up to 5-7 days to complete.

ii) A legal notice is an independent document and need not be accompanied by any annexures.

iii) It is not mandatory to reply to a legal notice but it is advisable to do so. It saves one from the hassles of litigation.

iv) A legal notice can also be sent via WhatsApp, Email, Fax, and so on. Also, two blue ticks i.e. if a person has opened the file containing legal notice over WhatsApp, it will be deemed that the notice is served.

v) If the sender is aware of any alternative addresses of the recipient, it should be mentioned in the legal notice.

vi) There is no straightjacket format to be followed in case of a legal notice. It is subject to the nature of dispute between the parties and the drafting skills of the lawyer.

What to do if a Legal notice is served to you?

A legal notice should not be ignored in any case. After a legal notice is served to you, it is advisable to read it carefully and seek legal services to understand the legal consequences that might follow.

Thereafter, the recipient must send a reply to such legal notice through a registered post/courier to present his side of the story.

Conclusion

A legal notice is used to establish formal written communication between the parties to a dispute. It is the easiest mechanism to solve disputes out of the Court and save oneself from the hassles of litigation. A notice should contain details of both sender and recipient, cause of action, and legal consequences of its ignorance. A legal notice should not be ignored and a reply to such legal noticeshould be filed.

Please feel free to reach us over call, chat or WhatsApp for drafting of legal notice, simply visit our website- www.bestlegalservices.in