What is a legal notice?

The inception of any judicial proceeding starts with the legal notice being served. You might face a lawsuit filed by the aggrieved against you pertaining to the issue/ dispute.

When is it sent?

When the aggrieved party initiates the lawsuit against you, a legal notice is issued regarding what issues/ dispute has come in between the parties. It has to be noted that a legal notice can only be served in a civil matter given under section 80 of CPC, though it is not necessary that one has to send a notice prior under section 80 when a suit is filed against Government then it is mandatory, while in criminal cases the court either summons the party or issues the warrant against him.

Through this, it depicts the legal intentions of the party descending the notice through their advocates.

It was stated in Bihari Chowdhary & Anr vs State of Bihar & Ors the Court held the object of this section is to expedite the justice and to prevent unnecessary litigation. There are many ways in which one can avoid any trial against him as the purpose of this notice to be issued is that let the other party rethink the position and either settle before the trial commences or land on other options like mediation.

A legal notice contains-

1. Sending party’s details

2. Facts and grievances

3. Compensation

4. Signature and stamp of lawyer and sent via courier or registered post.

Generally, it is sent in the cases of property, notice to the employer, notice to the employee, breach of contract, check bounce, recovery of money, etc.

When is it considered to be served?

The notice is said to be served when it is received by the party or refused.

Step by step procedure-

1. Call the sender and try to solve the issue amicably.

2. Replying is not mandatory but it can give the sender an advantage over you.

3. For a proper reply consult with a lawyer and state what facts are wrong. Also, check whether the claim is barred by limitation or not. The limitation period for filing a suit has to be treated as the limitation period for legal notice. The legal notice should be issued within the limitation period for filing the suit was held in the case of BSCPL Infrastructure Ltd. v. Government of Karnataka

What is the timeline to reply?

Ranging from 15 days to 45 days which may vary.

Things you should consider while replying-

1. Reply within the stipulated time period with the relevant sections. An expert would be better at understanding the terms of the legal notice and drafting a befitting reply to it within the prescribed manner.

2. Mention date, time, and contact details

How to reply?

It is advised to reply to the notice as it would give advantage to the aggrieved party later and within the time period.

CONCLUSION

It is normal to get served with a legal notice, it is just a legal document stating facts and grievances which can be settled before trial proceeds. A prompt reply can make it easier for you.

Please contact us at bestlegalservices.in for any further assistance.