It is believed that written words are more valuable than oral words as written documents are kept as a record. Therefore, at the time of dispute written documents are used for solving the matter. Legal notice is a written document that is drafted on legal terms and conditions for which a person gets legally bound to acknowledge it. Legal notice is drafted against complaints of personal or private issues, complaints against employer or employees, issues arising in the workplace, cheque bounce, divorce, etc. The person who issues a legal notice has to inform the person against whom the legal notice is to be issued about issuing of notice. We can say by this that legal notice is a warning given to a person before filing a legal suit against him.
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Why is it necessary to send legal notice before filing a legal suit?
Legal notice is drafted by a lawyer at the request of the client. Generally people tend to get confused between a legal notice and a letter. Legal notice is mostly filed to bridge the gap of misunderstanding. Sometimes it is observed that matters are solved before trial that is outside the court only. We all know that India’s Judicial System is very costly so most of the time people try to solve the matter through alternatives such as Arbitration, Mediation, and Negotiation. These alternatives are proposed and settled based on legal notice only.
Importance of Legal Notice
A) To settle the matter before trial, so that time and money both are saved.
B) An individual, with the help of an Advocate, can describe his complaints.
C) The receiver of the notice comes to know about the acts that he has been accused of.
D) It is a key to filing the case into honorable courts if the issue is not resolved separately.
How can you draft a Legal Notice?
It is a simple document, but it requires a legal expert who uses the correct form of language and is precise and accurate in sending the notice. Complainant can only send a legal notice if there is a civil suit. If one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organization before filing a Civil Suit.
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Essentials for Drafting a Legal Notice
I) The sender has to provide basic information like the name, address, and description.
II) The sender needs to clearly state his facts and grievances while drafting the notice.
III) It can also provide a relief sought by the sender.
IV) Legal notice should be drafted by a lawyer and should follow the set format.
When to Send a Legal Notice?
In criminal cases, the state issues the warrant for the accused. But in civil cases, the complainant needs to file a case, and to do that he needs to send a legal notice to the receiver. Legal notice can be sent for the cases are:
1) Consumer complaint Issues
2) Complaints against employer/employee
3) Property disputes
4) Personal disputes
5) Cheques bounce cases.
Legal notices are sometimes confused with a letter and the defendant side does not know for whom it has been replying. Therefore, legal system needs to make changes in the format of legal writing so that the party accused is aware of the fact. When the party replies for a letter considering it not to be a legal notice makes the accused irresponsible.
How to reply to a Legal Notice?
When you receive a legal notice, you need to reply to it in the given period. Not replying in the given period can be helpful for the addressee. You need to keep several things in mind while receiving a legal notice:
1) Once you receive a legal notice, you need to read it carefully to understand the issue rose. If the issue is not fully understood, the help of a legal expert should be taken.
2) If you have decided that you need to settle this in court you need to brief your side of the facts and concerns to the lawyer.
3) Finally, you need to draft and reply to the sender via post or courier.
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