How to Draft and Send a Legal Notice

Overview: A legal notice is simply a notice which you send to the other party stating that in case the other party does not act upon the request/demand in the legal notice then you have the full intention of starting a formal litigation against it. It is meant to be a warning to the other side and is a formal communication of your intent to initiate litigation against that person or entity and this notice helps the other side to become aware of your problem or grievance against them. It is possible that the issues may get settled at this stage itself and there is no need for anyother formal steps being taken to resolve the same.

Purpose: The purpose of this article is to provide an overview about sending a legal notice to the other party before initiating any formal legal procedure. The article should not be construed as legal advice as it is general in nature.

Areas of Application of Law: Code of Civil Procedure 1908.

Process:

The legal notice has to satisfy the ingredients of Section 80 of Code of Civil Procedure, 1908 it is filed in civil matters. It must contain a precise statement and facts relating to the grievance for which the action is to be taken, relief sought by the grieving party and the manner by which the issue could be solved. It should be addressed to the person or entity against which there is a grievance. It must contain the reason for the grievance, i.e. the compelling cause for sending the notice has to be spelt out clearly. You must indicate in the legal notice about any previous correspondence or communications regarding the issue. Further, the expection or the demand from the notice must also be clearly written in the legal notice. If required, a reasonable time can be offered to the notice to comply with the demand made in the notice failing which formal proceedings would be undertaken.

Even though, drafting a notice can be done by yourself also, it is advised, that services of a lawyer/ professional be hired. The legal notice serves as an evidence in court and in cases, it is also possible too arrive at a settlement with the other side based on this.  

After the same has been drafted, it should be sent through speed post/ registered AD/ courier etc. it is advisable to retain a copy of this notice along with receipt for the purpose of filing it in court.

 

Documents required to be submitted in the court if any: copy of the legal notice is to be filed in court along with proof of service. This can be the speed post slip and delivery report or in case a legal notice was sent by AD then AD card or delivery report of the email along with (65B, IT Act affidavit if required); reply received from the other party

 

Punishment/Expected Relief: a reply by the other party and a possible solution to your problem.

Landmark Judgments: NA

Legal Process Outsourcing This Document

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