What are the essential elements of a legal notice?

  • What are the essential elements of a legal notice?

    Date : 05-02-2019 18:13

    What are the essential elements of a legal notice?

     

    There are several occasions when a person or an entity needs to take a legal action against another person or an entity. The several occasions can be consumer complaint, property dispute, check bounce, divorce, eviction and many more. However, it is important for you to inform the other person that you are going to initiate a legal action against them. That is the reason, you send a legal notice to a person or an entity.

    Certain situations may arise where you get confused about how to initiate legal action in order to resolve your matter. The filing of a legal notice gives a new beginning to your journey of litigation. Therefore it has various aspects in which it is important:

    *By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.

    *A person can easily describe his grievance in a legal notice with the help of an Advocate.

    *Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the opposite party to resolve the issue cordially.

    *It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.

    There are numerous reasons for which you can send a legal notice to a person or an entity. However, the most common ones are:

    *Disputes related to property such as mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.

    *Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.

    *Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.

    *Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.

    *Notice in the case of cheque bounce to the issuer of the cheque.

    *Notice in case of personal conflicts such as divorce, maintenance, child custody, etc

     

    A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases. A legal notice is an intimation and thus carries the following information:

    1. Precise statement and facts relating to the grievance for which the action is to be taken.

    2. Alternatives/relief sought by the grieving party.

    3. How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.

    A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon the grievance.

    A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court, if both of them are willing to compromise on the issue.

    How to file a Legal Notice?

    A legal notice, although a simple document, requires precision and accuracy and use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal notice as per law and wording it as required for the particular issue.

    1. The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent through a registered AD post.

    2. After sending the notice, save the copy of the receipt sent. This may come in handy in case of filing for the court case.

    3. Wait for a given period, before the filing of the court case.

    4. Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.

    Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.

    A legal notice can be sent personally too. One can draft a legal notice, and authorize it before sending it to the other party. However, since wording a legal notice is extremely important if the case reaches the court, and citing of aw under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.

    The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party.

     

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