Legal Notice

Legal action can only be taken if the person or persons you want to sue have already been served with a notice. It is this method that makes it legal to present a case in court.

The notice given is known as a 'Statutory Notice'. A legal notice is a formal notice to a person or entity informing the other party of your intention to initiate legal proceedings against them.

Legal notice can serve as a target for negotiations between parties and save time, effort, and money spent on court cases. Legal notice can serve as a target for negotiations between parties and save time, effort, and money spent on court cases..

This makes the party aware of your complaint. Most of the time, serving legal notice brings the other party to heel and the difficulty can be resolved out of court with fruitful arguments on both sides.

If the opposite party still does not pay attention to the complaint, then the judicial process can be initiated after a certain interval, as per the law.

Significant Checklist of Legal Notices

The legal notice filing procedure is defined under 'Section 80 of the Code of Civil Procedure, 1908' for civil cases. A legal notice is a notification and contains the following information:

• Right and correct statements and facts should be describing the complaint for which a response is sought.
• Alternatives/reliefs sought by the aggrieved party.
• Furthermore, the problem at hand, the summary of the facts, and how it can be decided are determined.Comprehensive information on what can be done to resolve the problems faced by the aggrieved party must be mentioned. The legal notice should include a detailed article on how the grievance can be remedied/resolved if mutually agreed upon.

Essential Elements of Legal Notice

Following are the ingredients which are essential to mention in the legal notice.

• Name and report required
• Description
• Place of residence of the person sending the notice
• Aspects of influence
• Financial assistance required by the person sending the notice
• A summary of the legal basis for the compensation claimed

Cost of Sending Legal Notices

A plan to prepare and send a legal notice document to a veteran's office or an individual generally costs between ₹2500/ to ₹6500/-. The costs for legal notice will also depend on the case. If a legal notice is to be sent for minor cases such as a cheque bounced, the compensation would be as cheap as ₹500/-, whereas the complex case issues of drafting would cost more.

Benefits of Sending Legal Notice

The following are the advantages of legal notices;

• Report

Firstly conveys your intention before legal proceedings begin. The legal notice is aware of the other party about the matter. A legal notice tells another party about it and the consequences of their actions, which they may have to face in court.

• Recorded

A legal notice is a written instruction which tells the other party about the plan of your action. A legal notice creates concern in the mind of the other party that the aggrieved party is going to court and legal notice makes the seriousness of the matter.

• Out-of-court settlement

A legal notice mentions a party's complaint, where all necessary facts are comprehensive. It mentions the solution offered by the party. It is necessary to report that objections can also be solved if the other parties agree and within the time frame provided.

• Shared findings

A legal suggestion may be more effective for the result than verbal transmission. The notice and or the reply to the legal notice may, consequently, lead to a mutual compromise between the two parties.

• Low cost

Notice is an effective tool and not that expensive. The cost of consultation may vary from office to office and depends on the complexity of the problem

• Inscription

It is a written record that valid relief was sought from the receiver before going to a court of law. The notice can then be attached to court records and presented at trial.


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Tips for Creating Legal Notices

Following is the checklist for legal notices;

• Resource authorization is denied.
• Dismissed check.
• Private disputes eg, divorce, maintenance, and custody of minors
• To get the specific representation of that particular contract.
• If the intellectual property infringed of the legal owner
• When agents of any company engage in sexual harassment, cruelty, or violation of labor laws.
• Illegal dismissal from employment.
• Wage disputes between the association and its employees or laborers
• Breach of contract by signature

Procedure for Arranging the Legal Notices

Following is the process for sending the legal notice;.

• The first step is to prepare a legal notice, stating the problem, and remedy and directing the other party to fix the problem (i.e. 30 to 60 days) and send it by registered mail or AD post.
• After tendering the notice, save a copy of the publication sent. This can help file for court proceedings.
• Wait for the allotted time before filing a court case.
• The person or entity to whom the legal notice is addressed shall have the above-mentioned days to return with the notice.
• Although the opposite party may not reply or serve the legal notice, the person to whom the legal notice is addressed must send a reply within the specified time. Failure to respond to the notice may result in a person being disadvantaged for not complying with the law and thus, providing undue influence to the other party while appearing in court.
• Legal notices can also be sent personally. A person can prepare a legal notice and approve it before sending it to another party. However, if the case reaches court since legal notices are required and the law under which you have filed the claim must be cited, it would be to your advantage to have a legal expert prepare copies of the legal notices
• The same applies to responding to a legal notice, since even here, the appropriate law to be used to revert to the claims sought by the other party may not be known.

Obligations of Legal Notice

Essentially, as per Section 80 of the Code of Civil Procedure, 1908, legal notice must be served before filing a suit if the opposing party is a State or public authority. But, it is generally observed that lawyers provide legal advice before filing all civil cases. However, legal notice is not mandatory in all civil cases unless a suit is filed before a government or public authority. However, the party is formally sent to file a lawsuit.

Details to Identification of Notice

Following are the details of the legal notices;

• The person/party who is sued/sued is called "Defendant" or "Defendant". A 'legal notice' can only be responded to if it has credit and requires a reply.
• The notice sent by the plaintiff will not reach the defendant; This may be due to differences in address, location, or data about the respondent not available for the respondent. So far, usually, such a situation has not arisen, but in this situation, we can take appropriate legal steps.
• If there is any content in the notice - and the facts it states, if contested in court, could go against you - consult and review with a qualified and experienced attorney dealing with issues related to notices sent. For example, if the notice involves a baggage dispute, see a civil lawyer. On the other hand, if the notice is related to family disputes, visit a lawyer who practices family law – etc.
• As for the question of whether to respond to the notice, leave it up to your lawyer. Your initial consultation with an attorney will help you understand whether a response to the notice is necessary (or not), and what the appropriate steps are to resolve the issue.
• If the notice changes the claim, you must respond. Make sure you have all your facts in place, your lawyer suggests the next steps as an appropriate course of action.