Drafting of a legal notice

A legal notice can be sent with the help of an Advocate as he will be able to mention all the legal consequences and the legal basis in a proper way.

In order to draft a legal notice certain factors must be kept in mind. 

Firstly, a letterhead with address and contact details of the Advocate must be used to draft a legal notice. This is important so that the receiver can contact the sender where he wishes to reply to the notice. 

The language used in the legal notice should not be too technical or difficult and also should not be too casual. This s because each and every words used in the legal notice holds legal significance and can make or destroy one’s case or standing in a proceeding. 

The date on which the legal notice is being issued, the name of the sender and he contact information of the sender has to be stated before formally commencing the legal notice draft. 

There is no given or specific procedure or method to end a legal notice and it can be sent using a courier or registered AD. However the convention is to send it through Registered AD. This is done so that when the receiver receives the notice, the acknowledgement of the same in the form of the Registered A.D. Card is returned back to the sender acting as a document of proof of the receipt of notice by the opposite party. 

The first paragraph of a legal notice begins with “Under the instruction of my clients _______ residents of _______. I have to address you as under-”.

Every paragraph is prefixed with the words “My Clients state or My Client states”. This practice is used to signify to the receiver or the opposite party that the contents of the legal are only a reproduction of the Client’s instructions by the advocate.  

Whatever the sender claims or is claiming should be clearly mentioned in the legal notice. This is usually mentioned in the last paragraph as a means of instructing/intimating the opposite party about the claim along with the consequence that will ensue if the opposite party fails to acknowledge or address the same. The time limit after which the legal action will be initiated should be mentioned. Usually 3 days are given to the receiver or the opposite party to act on the notice before a legal action is initiated. 

The last but not the least is taking of signatures from the Client and the Advocate. It is important and must that the Advocate signs the legal notice and the client’s signature must be taken to make it clear that the legal notice has been sent to the receiver only on the instructions of the client and the lawyer or the advocate has not on his own volition directed the legal notice to opposite party. Client’s signature acts an estoppel against him from saying that the legal notice was not directed by the client. 

What is the procedure of filing a legal notice?

The procedure for serving a legal notice is as follows:-

Firstly, approach an advocate and narrate the issues and the relief that is being sought for the advocate to draft a legal notice. 

After a legal notice has been drafted as per the instructions of the Client, it should be addressed and sent to the opposite party by giving a reasonable time period to the opposite party to reply. 

Before sending the legal, a copy of the same must be saved. 

After sending the notice, wait for the copy of the receipt and once received, save the same. 

Wait for the specified period for the opposite party to reply. 

If the issue remains unresolved, file a legal proceeding. 

What is the meaning of legal notice?

A legal notice is a formal document that enlists the grievances and the relief sought by the sending party and is sent to the opposite party by giving him a reasonable time frame to respond to the same. This document acts as an opportunity for the opposite party to resolve the dispute amicably. 

How do I give a legal notice?

A legal notice can be given by a party by getting a draft ready with the help of a lawyer and then sending it to the opposite party using a Register AD post or a courier. However, a Registered AD is advisable because it allows you to retain the proof of an acknowledgment or receipt or refusal by the opposite party. 

Can a legal notice sent by email? 

There is no specifically prescribed mode of serving a legal notice in law. However, the objective behind the conventional method of sending a legal notice through Registered A.D. post is to be able to receive the proof of the acknowledgement. Thus, if a legal notice is sent by an email, it will become difficult to establish in a court of law that the same was read or acknowledged by the opposite party. However if the recipient has responded to the email or admits to receiving the email, the legal notice will serve as an official notice. Additionally, the parties should have entered into an agreement specifying notification by email as a valid proof of notice. Although, it is not recommended to send notice through electronic means because there are too many intervening circumstances that can prevent an email from reaching the opposite party. 

What if legal notice is not accepted?

If the legal notice is not accepted by the opposite party, two situations may arise depending on the endorsement that is made by the postman on the postal cover. If the endorsement says ‘refused’ or ‘Not claimed’, it is likely that an order may be passed against the opposite party in the Court and it can be held against him in the later legal proceedings as and when they ensue. However, if the endorsement on the postal cover mentions the unavailability of the receiver the notice will not be deemed served.  

What happens when you get a legal notice?

Once a legal notice is received, it is advisable that the receiver takes the assistance of an Advocate and responds to the same because in the case of failing to respond, the sender can initiate legal proceedings against the receiver.