How to Start a LEGAL NOTICE

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What is a Legal Notice?


A Legal Notice is a formal communication sent to inform the recipient that legal action will be pursued against them if they fail to meet the specified demand within a given time frame.

Who Can Issue a Legal Notice in India?


While a consumer can issue a Legal Notice on their own, it is advisable to have it issued by legal professionals to ensure it is properly drafted and complies with legal standards.

Advantages of Sending a Legal Notice

Information
A Legal Notice serves to communicate your intent to take legal action before initiating formal proceedings. It alerts the recipient of your grievance and outlines the potential legal consequences they may face in court if the matter is not resolved.

Written Warning
A Legal Notice acts as a written warning, signaling your plan to pursue legal action. It creates a sense of urgency in the recipient, making them aware that you are prepared to take the issue to court.

Out-of-Court Settlement
The notice highlights the complaint and specifies the relief or legal remedy you seek. It also opens the door for an amicable resolution if the recipient agrees to address the issue within a given timeframe, offering an opportunity to settle without litigation.

Mutual Understanding
A Legal Notice can lead to a better understanding between parties. A formal notice or a well-drafted response can foster constructive dialogue, potentially leading to a mutual resolution.

Cost-Effective
A Legal Notice is a cost-effective tool, typically less expensive than pursuing formal legal proceedings. While costs may vary depending on the complexity of the issue, it remains an affordable option for resolving disputes.

Clarification of Intentions
Sending a Legal Notice eliminates any ambiguity about your intentions. If you do not receive a reply within the specified time, it becomes clear that the recipient has not taken the matter seriously, allowing you to pursue further legal remedies.

Record Keeping
A Legal Notice provides a written record that you have sought relief from the recipient before resorting to litigation. This notice can be presented as evidence in court, supporting your case during legal proceedings.

 
 
 

Importance of Filing a Legal Notice

Before resorting to a lawsuit, there are several alternatives that can be explored, such as:

  • Negotiation (e.g., exchanging letters between the parties).
  • Mediation
  • Arbitration

Negotiation can occur between the parties outside of the court system. However, if negotiations fail, an individual or firm should not immediately file a lawsuit. Instead, they should first serve a Legal Notice, expressing their intention to resolve the dispute either through negotiation, mediation, arbitration, or court proceedings.

Contents of a Legal Notice

A Legal Notice must comprehensively cover the demands and necessary clauses from the aggrieved party. It should include the following elements:

  • A brief account of the facts that led to the claim.
  • The relief sought by the plaintiff from each defendant mentioned in the notice.
  • A concise summary explaining the legal basis for seeking the relief.

Procedure to File Legal Notice

Process of filing legal notice

  • Draft the legal notice.
  • The notice should be sent to the person against whom you have the complaints.
  • Mention the cause that required to send the notice.
  • Mention previous communications which later result in such a notice.
  • Offer the addressee a reasonable time say 30 days or 60 days to settle the matter by negotiating and by performing the desired action.
  • Give required time frame in notice for either fulfilment of the demand or giving reply for it.
  • Sent it through Registered AD post.
  • Keep a copy of the receipt of the post office as well as notice.