Money Recovery Legal Notice Format

The legal notice format for the recovery of money is the formal communication, between the plaintiff and the defendant.  Before we proceed with the legal actions, we gave e ultimatum to the other to resolve things first-hand without getting into a le lengthy legal battle.

The most common practice which prevents this among people is that we have money from friends and people with good relations. But when it comes to returning the many issues and problem that arises to resolve this issue sometimes we must take a legal course of action.

Before we get into the litigation, it’s common practice that we make sure that legal notice format to the opponent so that issue gets resolved outside the courtroom. notice can be given to any person irrespective of the relationship you are having with that person.

There are several issues in which notice to recovery money can be filled such as the tenant not paying the rent to the landlord because of which a huge amount of money had been accumulated to be covered. There often arise a situation where someone has taken from close relations but failed to return it.

What is the legal notice format for recovery of money?

The basic framing for legal notice format remains the same. It’s the facts and contentions of the parties that get changed.  While drafting the notice you must first mention the name and address of the person to whom it has to be severe.

Then the date on which it has to be sent not forget to mention the subject of the legal notice, then the body of the notice, it always a better idea to put your facts briefly in points and then contention of part raised the be allowed to resolve the issue or to revert.

Make a proper sequence of the things to be mentioned in the body. It’s always a better choice to make points so that person can better understand the situation and dispute them or about which dispute.

Make a better choice of words while drafting the note and, do not use technical wording and legal jargon while drafting legal notice format which is hard for common people to understand.  Make the draft he simple language which is easy to understand.

What is the money recovery suit?

A suit for getting back your money is a very effective and efficient way to teach the party at default the correct lesson. All you need to do is fill the case with the court of proper jurisdiction.

The suit may be filed under Order IV of the Code of Civil Procedure 1908.

The period in which the suit can be filed :

Article 61 of the limitation act, 1963, the period of limitation prescribed for filing a suit through legal notice format for money recovery is the years from when the cause of action arises, it can be condoned if the facts and situation in suits allow the court, wholly the discretion of the court.

The court at which you can file the case:

While filing the case,  it t’s the jurisdiction should be known before filing the case, the jurisdiction for filing the case can be decided on the bases of place or location and the pecuniary limit that a court can have.

Territorial Jurisdiction:

Territorial jurisdiction means the place, region, or location to which the court can exercise its power through correct legal notice format. The most significant thing while deciding where to file the case is to find whether the person comes within the jurisdiction limits of the court where you are going to file the case.

It’s the geographical limits of the court that specifies its jurisdiction and it is specified. The court cannot exercise its power beyond the territorial limit.

As per CPC,1908 suit can be filed at:

• Place where the opponent resides in case of recovery of money that is defaulter of money
• Place where the defendant resides for business or where he has its earning source.
• Where the cause of action had arisen wholly or partly.

Pecuniary Jurisdiction:

Pecuniary means money and jurisdiction means the limit,  in other words, the courts are given power over the matter with a pecuniary limit, and they cannot pass over that limit.

Therefore, the monetary value of the suit is determined beforehand to decide the pecuniary jurisdiction through which it is to be mention as per legal notice format.

The pecuniary jurisdiction keeps on increasing as the hierarchy of the court increase.

The laws under which money recovery suits can be filled :

Let’s go through the laws under which a suit for recovery of money can be filed, let’s learn the procedural laws first which is the code of civil Procedure,1908.

The common approach to collect the money is to file a summary lawsuit as per the provision of order 37 of the CPC through correct legal notice format. An important law in the hand of a prospective plaintiff who wishes to get his money back is order 37 of the CPC.

The court will decree the suits in two steps by order 37, rule 2(3) and other is rule 2(6).

The plaintiff must establish only that their case fits under the purview of order 37. When the summon has been issued, the defendant must establish his right to defend the case. When this is established order 37 suit will be converted into a regular civil suit and then the defendants submit his written statement within 30 days.

Now let’s go through some substantial laws :

The Negotiable Instruments Act 1881 –

It’s section 138 of the act mostly comes into play provisions section deal with the dishonor of the cheque, hereby the person who draws the cheque with no intention can be punished for doing so, and it imposes criminal penalties with civil penalties.

The Indian Contract Act 1872- 

Section 73 and 74 of the India Contract act 1872 is used in case of compensation for loss or damage which are brought on by a breach of contract. whereas section 17 is a common sign of fraud and section 18 is a misrepresentation.

That all are cases of money recovery however contract act 1872 qualifies the general principle by stating that to be eligible for damages, damages must have resulted from a breach in the ordinary course of action.

The Indian Penal Code 1860 –

The penal code also provides, a variety of provisions that offers remedies to those whose money is overdue.

Cheating section 415-

If any person exercises deception intentionally on another person making a loss to that person, then he can be sent to jail for one year or fined.

Criminal Misappropriation section 403 –

When someone uses the property of another person for their own without the consent and knowledge of that person it will be considered criminal misappropriation, and the penalty for the same will be two years or jail or both.

Legal Notice Format For Breach Of Contract

When someone dishonestly converts another person’s property for their own it will be considered as a criminal breach of trust, In case of criminal breach of trust, the is trusted with the property.

• The Companies Act, 2013 –

A case under this legislation is filed if the defaulter is a company, case under this act can take the form of class actions, here certain people sue on the behalf of a company and file the case for recovery of money owes as the debt through legal notice format.

The investors can bring an action if the entity fails to distribute the dividends, they can seek compensation under section 127 of the contract enforcement act.

There are various other sections under which recovery of the money can be made under this act.

Need Of A Lawyer For Creating A Legal Notice Format:

Such as legal notice for damages should be created on the letterhead of the lawyer it will enhance its force to be replied to. It is usually advisable to take the lawyer’s assistance while drafting legal notices, as many legal content creations are known by the lawyer only, there are well-skilled and got expertise and understanding of legal provisions.

The lawyer knows what details should be framed out in the different types of legal notice and what should be avoided. He will gather all the necessary information from you and will prepare the notice in formal language.

Therefore, it is advisable to engage some expert who is well trained in framing legal notices.

Sample of Legal Notice Format

                                                  Legal Notice

To

Mr . Sikander Singh

House no 5289 , Gali No.8, New Nagar, Vihara

Chandigarh.

Dear sir with due respect

I want to bring to your notice that in pursuance of my Client Mr. Cha Ranjeet Singh’s instruction, I am severing you this legal notice –

1. That my client is the Firm under the name of ABC ENTERPRISES, which belongs to Chomu Singh.
2. That this Firm is carrying the Business of production/manufacturing, supply of food products
3. That against your valid and confirmed order, my client did pack your assignment from time to time for four months on a credit basis, as you have a running credit account in the books of account of my client which is operated in due course of business.
4. That my client had raised the bills for every assignment delivery to you and you have acknowledged the receipt of such bills raised by my client’s firm.
5. That despite acknowledgment of the liability of payment of the principal balance of Rs ——— you have failed to pay off dues to my client Firm. Hence you are liable to make the payment with interest as decided between you and my client.
6. Thus Know you have to make payment of the total amount ——— with Interest within fourteen days as agreed by you on the contract paper made between you and my client.
7. That my client had on several occasions asked you for the release of the funds, but you failed, therefore, I the advocate for my client sent you the legal notice for the immediate release of the amount.

A copy of the legal notice has been preserved in my office for record and future course of action.

Signature of the ADVOCATE

Date ——

Closure Now: 

The most important aspect in the recovery of money is legal notice format as there are huge chances of settlement of the matter,  before filling the legal suit, the success of legal notice to some extent also depends upon the framing of it, therefore it becomes very important to engage the lawyer for drafting legal notice, it can save your time and money which you are going to spend on a legal battle in court.

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