In the world we live in, people enter into so many agreements or contracts as an individual or an entity for which the legislation has become a common medium to resolve disputes that arise between the parties. Some people before filing a suit, send a legal notice to other parties with the intent to sue. There is some legislation which makes it mandatory to serve legal notice to the opposite party as in Contract Act, Transfer of Property Act, etc.
What is a Legal Notice?
A legal notice is a form of communication which is sent by one party as an individual or entity to another with the intent to commence a legal proceeding against them. It is a warning to the person that legal action will be taken against him if he fails to comply with the provisions.
Nature of Legal Notice
Legal Notice is governed by procedural law, so proper drafting of notice should be done because especially in procedural law, Ignorance of the law is no excuse.
Usually, notice is given to the other party in the matters of a family dispute, property dispute, consumer dispute, labor-related matters, and dishonor of cheque. Also, under Section 80 of Code of Civil Procedure, any suit which is filed against the public officer or state or central authority, a notice should be served to correct or rectify their misconduct or breach within a period of two months.
The process of sending Legal Notice
- It is required to bring a lawyer in the picture for the drafting of such notice. The language of drafting can be any language ( any Indian language).
- It is important when consulting with a lawyer to provide all information related to the dispute between the parties. The other parties’ names, addresses, when the contract or agreement made and when it was not honored, issues raised, problems faced, etc.
- The lawyer will analyze all the information received by him, make a note of it and may ask for additional information if required.
- Then the lawyer will draft a legal notice stating all the facts received by him, the reason for sending notice and will give addressee a reasonable time to reply i.e. 15 days, 30 days or 60 days for settling the dispute.
- The notice is signed by both the parties and the lawyer sends the notice via post and copy of said notice remains with the lawyer.
Consequences and follow-ups after receiving the legal notice
Steps to be followed by a person after receiving legal notice-
- It is not always required to consult a lawyer after receiving the legal notice. You can call the other party to settle down the dispute amicably and save time and money.
- If you believe that some of the information in the notice is not accurate, you can consult a lawyer and state him your side of the story. The lawyer will analyze and collect all the facts and draft a reply to it. The lawyer may ask the additional questions if requires to do so.
- After sending the reply on the notice, it results in commencing the litigation among the parties and they can get remedies under civil or criminal.
Legal Notices are an essential part of the adjudication process which brings fair and reasonable opportunity to settle disputes between the parties and initiate legal proceedings in a prescribed manner. It can tell you through which medium the lawyer is the focus to settle the disputes i.e through arbitration/ conciliation or by going to the court. It all depends on how the lawyers draft the notice. It is built to aid the issue and not to create tensions.