Drafting Of Legal Notice- How To Send A Legal Notice?

Lead india
Sep 27, 2023
3 min read

A legal notice is a formal written communication delivered by a person or an organization regarding a complaint. It is intended to serve as a warning to the recipient that the person giving the notice has some issues that the recipient has not properly addressed, despite the recipient having had ample opportunity to fix the issue. It functions as a kind of ultimatum to the recipient, telling them that the sender is ready to file a lawsuit and giving them one last chance to deal with the situation effectively.

Legal Provision:

Typically, a legal notice for recovery of money is submitted in civil cases. Criminal cases do not require the filing of legal notices because the State, which is the ultimate power, will take action against the offender if there has been a criminal offense. However, if you want to start a civil lawsuit against the government, you must first provide them with a legal notice. Only then can you start the civil lawsuit.

If someone wants to file a lawsuit against the government or a public official for any act that was allegedly committed by the public official while performing his official duties, they must send a legal notice to them within two months, according to Section 80 of The Code of Civil Procedure, 1908. The notice's goal is to provide the Secretary of State or the public officer with an opportunity to reconsider his legal position and to offer some sort of compensation without going to court.

Section 80 of the 1908 Code of Civil Procedure: Basics

Information about the notice's sender, including name, title, and address.
Cause of action statement.
The relief that the notice's sender is requesting.
The legal foundation for the requested relief, in brief.
Section 138 of the Negotiable Instrument Act
Sending a legal notice to the check issuer within 30 days of the day the check bounced is required if a check is returned unpaid. After 15 days have passed since the legal notification was delivered and no money has been repaid, you have 30 days from the day the 15 days expired to file a lawsuit.
Under this clause, criminal responsibility is also established, and the person who drew the dishonored check may be sentenced to two years in prison, a fine, or both.
Through a lawyer, you must include information on the transaction for which the check was written, the check itself, the dishonor, etc. in the notice.
Both the payee and the attorney must sign the notice.
To be delivered by registered mail.
The process for submitting a legal notice
Common phrases often have hidden legal implications, even when they are employed in extremely informal contexts. As a result, it is critical to take extreme caution while crafting a legal notice for a client and to be attentive about avoiding making any admissions that you might later contest in court. A legal notice cannot be amended after it has been delivered, and you are not permitted to later backtrack on the assertions and information you stated.
Find an advocate with strong drafting abilities. Any of the Indian languages be it legal notice in Hindi may be used to send a legal notice, however, English is typically the language of preference. Named in the notice should be the other party you intend to file a complaint or lawsuit against.
When speaking with your advocate, be sure to provide all the pertinent information, including the parties' names, addresses, dates on which the transaction was completed or was required, any problems that arose during earlier attempts at communication, etc.
After carefully reviewing the material you have provided, the advocate will discuss the problem with you, bring up pertinent points, and, if necessary, hunt for more information.
The advocate then begins drafting the legal notice in the appropriate legalese, clearly stating the reason for sending the notice, all prior communications with the addressee regarding the sender's grievances, giving the addressee a reasonable period of time—either 15 or 30 days—to settle the dispute at hand through dialogue and taking the required measures.
After being signed by the client and the advocate, the notification is sent via Registered AD post, and it is made sure that the acknowledgment is kept.
Although it is anticipated that the other party will respond to the notice as soon as they get it, the advocate frequently telephones the other party after some time has passed.

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