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A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.
Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.
A legal notice is generally issued by an advocate appointed by the victim, on behalf of his/her client for the purpose of soliciting a settlement.
There are numerous reasons for which one can send a legal notice to a person or a legal entity. However, the most common reasons are as follows:
- Property related disputes for example mortgage, delay in possession delivery by the builder, eviction of the tenant on unreasonable grounds, partition of family property, etc.
- Notice to the employer for terminating employees wrongfully, unpaid salary, violation of rights of the employees by the employer etc.
- Notice to any employee for violation of the HR policies, committing sexual harassment at workplace, leaving the job without dropping the resignation letter, violation of any provision of the employment agreement etc.
- Notice to a company manufacturing or providing service of contaminated/low standard products, negligent services, fraudulent advertisement etc.
- Notice in the case of cheque bounce to the issuer of the cheque.
- Notice regarding personal conflicts for instance divorce, maintenance, child custody, division of maternal property etc.
What Should You Do After Receiving A Legal Notice? - Replying to Legal Notice
It is advisable to reply to notice within the stipulated time as not replying to the notice can benefit the Addressee.
The following important points should be kept in mind once a notice is received.
- Reading the notice carefully: It is important to read the legal notice properly in order to understand the issue and the concerns raised by the other party. After going through the notice thoroughly, if the receiver feels like the concerns raised in the notice can be resolved amicably then a conversation should be initiated immediately.
- Contacting a Lawyer: If the contents mentioned in the notice is not clear, then one must contact a profound lawyer who can take further legal action regarding the matter. Also, one must keep a record of the time of receiving the notice which will be advantageous even if the opposite party takes the matter to the court.
- Briefing the lawyer: This is the most important step to follow. You must escalate the entire matter to your appointed lawyer, providing him with all the requisite information about the facts, place, time and events related to the issue etc. which will help your Lawyer to draft a proper reply presenting your side of the argument.
- Sending the reply: Once the reply notice is drafted by your Lawyer on your behalf, it is sent through registered post or courier. A copy of the reply is also kept by your lawyer for future reference.
What Happens If Someone Doesn't Respond To A Legal Notice?
If one doesn’t respond to the legal notice within the stipulated period of time, then eventually the aggrieved party will file a suit in the appropriate Court of Law. Once the suit is filed in the Court, the Court will send order the respondent to appear before the Court and answer the charges pressed as by the opposite party.
Benefits of A Legal Notice
- Warning: A legal notice acts as a warning as it ensures that the offender is made aware of his/her duties to be performed along with the consequences of non-compliance.
- Caveat: The respondent is informed regarding the potential litigation and opportunity to rectify his/her error.
- Resolution of Dispute: Both parties are given a fair chance to resolve their dispute by negotiating between them, without dragging the matter to the court.
- Amicable Settlement: The process of litigation is time as well as money consuming in lieu of which direct settlement via legal notice makes things quicker and easier.
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FAQ
Legal Notice is a formal form of lawful communication directed to a person or an entity, notifying about any specific legal proceeding against them. A Legal Notice disseminates the information ensuring the receiving party is aware of the same and cannot express unawareness in the future at any Court-related instances.
A Legal Notice contains lawful credentials and is needed to be written down in a proper manner. Thus, a Legal Notice should be filed by an experienced advocate or legal personnel.
The key objective of drafting a Legal Notice is disseminating information and making the receiving individual or entity aware of any certain development. A Legal Notice also works as evidence of communication in case of any Court trial of the same instance.
In a Legal Notice, all the information related to the particular happening or development can be written down appropriately. But, it is advisable to draft the Legal Notice by an experienced advocate to avoid any lawful complications regarding the same.
In case of receiving a Legal Notice, at first, you can discuss the matter with an advocate. If the Legal Notice contains any untruthful claims and defamatory statements, then you can take necessary legal actions against the individual or entity that has sent the Notice.
In a drafted Legal Notice, the published contents can be listed as –
- The credentials of both the receiver and the sender like the names, addresses, contact information
- The difficulties or losses suffered by the sender of the Legal Notice
- The mode of action or inaction from the receiver’s end on the particular issue
- Demanding amount of remedy from the receiver of the Legal Notice
- The action that will be taken in case of further ignorance of the receiver
As per the legal provisions, it is not mandatory to reply to a Legal Notice. But, not replying to a Legal Notice can add legal advantage to the sender if the case appears in the Courtroom. Hence, it is highly advisable to reply to a Legal Notice with the help of an experienced advocate.
Based on the instances and the provisions under which the Notice is drafted, the limitation period to file a reply to a Legal Notice varies from 15 to 45 days.
