WHAT IS A LEGAL NOTICE?
A legal notice is a formal written communication between the parties wherein the sender informs the receiver about the happening of an event and thus his intention to file a legal action against the receiver. It aids in informing the recipient party of the sender’s problems. It is seen as a warning to the receiver to comply with a certain condition if he does not wish to take the case to court. It is the first step taken by the sender to get the issue resolved. This method is easy, time friendly and cost-friendly too as it paves a way for setting aside the lengthy court procedure and settling the matter through discussion or even through arbitration or mediation.
Legal notices can be sent in various situations including consumer matters, property matters, disputes in repayment of the loan, check bounce cases, money recovery matters and so on. A legal notice provides information, serves as a written warning, facilitates out-of-court settlement, promotes mutual understanding, is cost-effective, removes doubt, and serves as legal proof.
CAN A PERSON SEND LEGAL NOTICE WITHOUT A LAWYER?
A legal notice is simply a communication sent on behalf of a client by an advocate. A person doesn’t need to send a legal notice through an advocate; he or she may send a legal notice without the aid of an advocate. You may send a legal notice without the assistance of a lawyer, but it is recommended that you do so since professional writing skills and legal terminology make a Notice highly effective.
Procedure to send a legal notice – A legal notice might be delivered by Registered A.D. or by courier. There is no set protocol for delivering a legal notification. The notification can also be personally delivered to the opposing party if that party is prepared to accept it and sign an acknowledgement of receipt. Section 80 of The Code of Civil Procedure, 1908 provides for the sending of a legal notice to the Government or public officer if one wishes to initiate legal action against any act claimed to have been done by a public officer during his employment of any official duty for two months. The notice’s objective is to provide the public official with the opportunity to offer some type of compensation after reevaluating his legal position and resolving the problem without going to court. You must state unequivocally in your notice that the recipient is required to respond within 30 to 60 days. You must provide the time frame within which you anticipate the other party to meet the criteria.
HOW MUCH DOES IT COST TO SERVE A LEGAL NOTICE?
The minimum cost of sending a legal notice is Rs. 3000 and above, it can range up to Rs. 1 lac depending upon the complexity of the case. The amount charged by an advocate to write a Legal Notice might range from Rs. 1000 to several lakhs, depending on the intricacy of the subject.
CAN LEGAL NOTICES BE SENT BY EMAIL?
Legal notice can be sent by e-mail. However, it is recommended that a copy of the Legal Notice be sent to the recipient through registered mail or courier as well. Emails can be legally obligatory; nevertheless, the contract should specifically stipulate to which email addresses such warnings must be delivered. To ensure that alerts are not missed, the appropriate email address should be checked regularly.
WHAT HAPPENS IF SOMEONE SENDS A LEGAL NOTICE?
Once a legal notice is delivered, it cannot be amended, and using contrary statements in court may harm your case. The legal notice must be addressed to the individual with whom you have a complaint. Legal notice must be sent on plain paper or a lawyer’s letterhead. Both the sender and the lawyer must sign the notification. It must be sent either by registered mail or via courier. If the legal notice is not served because the party refuses to accept it, it is considered valid against him.
HOW TO SEND A REPLY TO A LEGAL NOTICE?
If you get a legal notice, you should contact the sender and attempt to resolve the problem peacefully. If you fail to respond to a legal notice, the other party may take advantage of it, and when preparing the petition, it may accuse you of failing to follow the requirements of the notice, which is why the case was brought. The second thing that you should do is check to see if the claim is time-barred before responding to the notification. If the claim is time-barred, you merely need to respond that it has passed the limitation period and prove that it is barred. In the reply, you will be denying the content of the notice. It should be well-drafted with all the essentials.