What is a Legal Notice?
In a situation given a person enters into a contract, which is perfectly sound, and if a particular party in that contract does not follow the duties that were assigned in order for successful fulfillment of the requirements then it leads to breach of a contract e.g.: Installation and Usage of an Optic Fiber for the internet and Non-payment of the stipulated fees for the usage of the internet. In a scenario like the one aforementioned, the other party will request the failing party to repay the stipulated amount. However, despite several reminders if the party fails to repay the amount for the fulfillment of the contract, the aggrieved party could send a legal notice for the payment of fine.
Legal notice plays an essential role in the enforcement of legal suits and proceedings as they indicate whether a person or an individual is about to be sued based on certain grounds mentioned in them and therefore serve as an indication that the other party needs to defend themselves.
Section 80 of the Civil Procedure Code provides for issuing legal notice prior to proceeding for a suit before the competent court. Legal notice is not necessary in various cases, although Section 80 makes it more for a procedural requirement than a substantive one.
List of things that ought to be mentioned in a Legal Notice?
Name of the parties: It is essential and compulsory to mention the name of the parties including their respective addresses.
Facts and Grounds: it is also critical to mention facts and the grounds on which such a claim is to be made.
Compensation: Upon the damage caused by the assailant or the accused, the claim shall be made on the grounds that have been mentioned earlier. It is also essential to mention laws and provisions under which such compensation claims are being made.
Signature: The signature of the concerned party is essential in the Legal notice to attest that it is a competent party who has sent the legal notice to the person against whom damages are being claimed.
Nature of cases where Legal Notices can be sent
Recovery of Money
Breach of Contracts or Agreements
Notice by Employer
Notice by Employee
To Obtain relief with a Legal Notice
- Consult a Lawyer
A lawyer can guide you best as to how and when to send a notice. It is important to discuss your case with an attorney before proceeding to file a notice. Also, the legal notice should be sent on a lawyers legal letterhead, thus making it very important to consult a lawyer for the same.
- Drafting of notice
Legal notice with respect to your legal dispute and actions intended to be taken will be then drafted by the lawyer. Once the initial draft is ready, it is usually shared with the client to get approvals before actually sending it forth.
- Dispatch of Notice
Once the drafted legal notice is approved, the lawyer will finalize the notice and send it forth to the defaulter on his legal letterhead thus making it admissible in any court of Law.
From the date of receipt of the notice to the other party, we need to wait for 15 days for the reply. Post 15 days if there is no reply on the notice, we can proceed with the further litigation against the other party.
Estimate Time Required
The procedure of issuance of the legal notice will take 7-8 days.
*Any additional work required by the advocate before/after making the notice shall be charged to the client.
Documents Required for Legal Notice
All relevant documents prooving your claims
A detailed list of the reliefs intended to be sought