What are the essential elements of a legal notice?
Legal Notice is usually the first step to proceed with any legal case in the court. It is an extremely vital element to ensure fairness and due procedure by allowing all parties involved in a lawsuit to represent themselves appropriately.
Legal Notice is sort of formal communication to a person or entity to whom it is served to inform that the party sending the notice intends to undertake legal proceedings due to any misdeed conducted by the other party that we intend to undertake legal proceedings against him. It serves as a warning to the other party that legal actions might be taken against them if they fail to comply with any pre-specified conditions of any contract or agreement held amongst them.
There are several occasions when a person or entity is required to send a legal notice. Few common situations when such a notice is required are Consumer Complaints, Property Disputes, Cheque Bounce, Divorce, Employment Termination on wrongful grounds, Eviction and others. The legal notice informs the other person that the party sending the notice shall take legal actions against them.
Legal notices allow one party to describe their grievance in an acceptable format by the court with help of an experienced advocate so that the noticee understands the implications clearly if they fail to comply with the terms as previously discussed. Serving a legal notice also gives a chance to the other party to resolve the issue outside the court proceedings which may prove expensive for both parties.
Following are some common cases where people usually send legal notice to seek an immediate remedy.
Property Disputes: Mortgage, Delay in possession of flat, Eviction of the tenant, Partition of family property, builder disputes and others
Employee Grievances: Wrongful termination, Unpaid Salary, Violation of any employee rights, sexual harassment policy violation and others
Employer Grievances: Sexual harassment Policy violation, HR Policy Violation, Leaving the job without serving the notice period, Violation of any provision of the employment agreement and others
Company Grievances: Faulty products, Faulty services, False or misleading advertisements and others
Elements of a legal notice
A legal notice is filed under 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:
- Precise statement and facts relating to the grievance for which the action is to be taken.
- Alternatives/relief sought by the grieving party.
- A summary of facts and the ways of how the grievance could 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.
- A detailed account of how the relief can be obtained/problem solved if mutually agreed upon the grievance.
It is important for a notice to be crafted well. Taking help of an attorney to draft notice could in itself act as a mediator between the two parties and help solve the issues out of the court. Correct legal language and words and measures of caution about not admitting any fact which you may later be denied in the court of law is necessary for a legal notice and an expert lawyer could only keep such intricate details and prepare a well-serving draft.
At Lawtendo we can not just understand the depth of your case but also connect you with a domain expert experienced lawyer for your notice requirements. Our dedicated case managers will follow up with the lawyers on your behalf so that your hassle of follow-ups reduce to negligible.
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Advocate Darpa Pattanaik