What Is Section 138 Legal Notice Format?

Section 138 legal notice format of the Negotiable Instruments Act was framed to control bounced cheques. If you get a bounced check, you can prepare a legal notice. The notice must comply with Section 138 of the Negotiable Instruments Act. 

Issue of notice should be taken with extreme caution as most cases of defective notifications fail to comply with Section 138 of the Negotiable Instruments Act.

A check bounce notice is a clear and serious notice to the issuer of the check that the payee of the check may take legal action if payment is not provided promptly. Section 138 notice must be sent to the issuer of the check within 30 days of check return due to validity. 

In case of dishonor of a check as per Section 138 of the NI Act of Negotiable Instruments Act, this notice shall be given to the defaulting creditor by notice from the defaulting creditor (payee) through the solicitor.

Notice is a sample legal warning which gives the drawer 15 days to pay the unpaid checksum. The payer shall have the right to make a legal complaint. A receiver can initiate legal action against a particular defaulting drawer only if payment is not made within 15 days of receiving the notice.

What is Section 138 Legal Notice Format?

138 legal notice format comes under section 138 of the Negotiable Instruments Act. These notices are actual cheque-bounced notices. When a check bounces due to insufficient funds and is returned by the bank, the payee should send a legal notice to the drawer asking for payment. 

A legal notice informs the drawer of a check that he must pay the amount stated in the cheque, otherwise, legal action will be taken against him under the Negotiable Instruments Act in the appropriate court.

This cheque bounced notices are comes banking cases. As per these banking cases recovery money legal notice format, Section 138 legal notice format. Apart from these banking cases legal notice format for property dispute, legal notice format for recovery of salary are not considering banking. So, let’s look over it. These are the legal notice format India. All are advocate legal notice format.

What is Legal Notice Format for Recovery of Money?

It is a formal notice between one person and another warning of legal action if the latter fails to make the payment due. To your surprise, you can send a legal notice to a friend to collect money if he owes you a lot.

So to collect money from someone you owe, a legal notice for debt collection is required. An employee, tenant, friend, company, bank etc. can also file a legal notice against the dealer for refund. This is also called as payment legal notice format.  After sending these notices it is mandatory to reply to legal notice format.

Sample Format of Section 138 Legal Notice Format

Regd. AD/ UPC/ by hand

Dated —————

———————————

———————————

Subject:- Legal Notice of Section 138 of the Negotiable Instruments Act.

Sir,

Check No ._________ dated ________ drawn to the extent of ___________ _________ Branch, Issued by you in exchange for the discharge of your financial obligations to us.

This check was presented for payment but returned by your bank with endorsement ____. The bank informed us through check return memo ____.

You are now requested to make immediate payment of the above amount as per the provisions of Section 138 of the Negotiable Instruments Act of Section 138 legal notice format, in case we initiate criminal proceedings against you as contemplated under the above section.This is for your information.

One copy of notice has kept with you for office record.

Advocate Signature,

Note: There Are Various Cases To Recover Of  Money Arises.

Recovery Of Money From Employees

If an employee absconds with money, a civil inquiry will be initiated and a show-cause notice will be sent to the employee's home address. If an employee does not respond after receiving two or three of these letters, disciplinary action will be taken against them as per the normal procedures or service rules of the organization. 

This is done to give the employee an opportunity to rebut the allegation that he/she is absconding. If it is established that an employee has left your organisation, one can proceed with a legal notice aimed at recovering money. 

According to the law, legal action will be taken against the employee if he does not explain or defend himself. The employer has the right to recover his money from the employee after establishing the wrongdoing of the employee.

Recovery Of Money From Tenants

When a person provides a property on rent and the tenant does not pay rent at all. The property owner then has the right to recover the funds owed by the tenant. 

According to the provisions of the lease or rental agreement, if the tenant is unable to pay the rent, the landlord can serve a legal notice to collect his money. 

As a means of recovering money from the tenant, the landlord can also recover rent by bringing a case for specific non-performance of contract governed by the Specific Relief Act, 1963 and the Contract Act, 1872.

Recovered Money From A Friend

When you lend money to your friend or family member, you try to ensure a safe transaction. For security reasons, you prepare a loan agreement or promissory note in this manner. And if they don't live up to the terms of the contract, you can pursue them for the money they owe. You can issue a legal notice to recover money for that process. Failing that, you can file a money suit or summary suit under Order 37 of the Code of Civil Procedure, 1908.

Section 138 legal notice format and Recovery of money format , both are comes under banking legal notices.

Sample Format of Recovery Money Legal Notice

Reference No………                        Date [date of generation of notice]

REGD.A.D.

Legal notice

To,

[Name of Borrower]

Sir,

Pursuant to instructions from my client [name of creditor] and by ___________, I am giving you the following legal notice: –

That my client is a [type of company] firm under the name and style of M/s [name of creditor].

• • My client is engaged in the business of [production/manufacturing/production/supply/other form of business] of [product/service] etc.

• • Against your valid and confirmed order, my client has done your work from time to time on credit basis, as you have a current credit account in my client's books of account.

• • My client has raised bills for every work done for payment, even though you have accepted receipt of such bills raised by my client.

5- Despite acknowledging the liability of the principal balance of Rs. [Principal Balance]/- You have failed to pay the amount due by you to my client with willful misrepresentation. Therefore, you are liable to pay the said principal balance of Rs. [Principal Balance]/- with Interest @ [Interest Rate]% p.a. From the date of payment until the actual receipt of the said amount, as is generally and customarily prevalent in trade usages, which is Rs. [Total Amount]/-

6- Thus you are liable to pay a total amount of Rs. [Total Amount]/- My above-named client and my above-named client are entitled to recover the same from you.

7- My client has requested you several times through telephonic messages and by sending personal messengers to your office to pay the said dues, but you are always delaying for one reason or the other and have not done so till now. Even one penny of this outstanding undisputed amount was paid.

Therefore, I hereby instruct you finally to my client Rs. [Principal Amount]/-. with future interest @ [interest rate] % p.a. From the date of notice till actual recovery of said amount, including notice fee of Rs. [Notice Fee]/- to my client in cash or by demand draft or within 15 clear days from the date of receipt of this notice, check which mode is best for you, if my client has given me clear instructions to file a civil, Offender., Discounts for recovery and various others. Proceedings are pending against you in a court of competent law and in that event, you shall be solely responsible for the same.

A copy of this notice has been preserved in my office for record and future proceedings.

([Attorney's signature])

These notices can write in local languages also as per the resident of court of that particular area as well as it can be write in legal notice format in hindi also. You can write Legal notice format for recovery of money in hindi as well.  You can send these notices in legal notice format pdf also through email. Also for refrences legal notice format for recovery of money pdf are available on internet for refrences.

Sample Of Legal Notice Format For Property Dispute

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Sir/Madam,

Under the instruction I am giving you the following legal notice by and on behalf of my client ___________________, a resident of _________________: –

• The Lease Deed dated on  ………………………. Between my client and the one another party in respect of premises NO.……………………………….. (hereinafter referred to as the deceased premises).
• That the lease deed expired on the ……….. day of ………………, 202_.
• I hereby call upon you to vacate, vacate and quietly and peaceably take possession of the deceased premises on or before the ……………….. day of ………………….. …………………., 202_ , failing which my client sues against you for possession of the destroyed premises and for damages, which she may sustain by reason of your willful possession and breach of covenant contained in the lease deed.

A copy of this notice has been kept in my office for record and further necessary proceedings and you are also advised to keep the copy safe as you may be asked to appear in court.

____________
ADVOCATE

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