What is a Legal Notice, How to send ?
A notice is a general communication to a person informing him that we are intended to undertake legal proceedings against him/her. It is an important step to take before filing a lawsuit, and it may be considered as a warning issued to the other party that legal actions may take place against him/her. Instead of issuing a warning if he/she fails to respond to the notice, action should be taken against them. A notice is served to an accused person who was involved, and he has given a certain period of time to answer, informing the court whether he may agree or disagree with what has been stated.
In what cases can we send a notice?
In most general cases we can send a legal notice to the defendant that may arise on property disputes, Dishonor of Cheques, Family disputes regarding asset distribution, Husband wife conflicts, Consumer complaints and cases where salary commitments are not made.
Who can send the notice?
Legal notice can be issued by a customer himself, later this can be identified by the clients and issued through a concerned lawyer. So, in the beginning, any consumer or an individual can be draft a letter of the notice for your issues. These are the different clauses that contain in a legal notice. A clear and brief fact that have been raised to claim. The relief sought by the plaintiff against each defendant which is mentioned in the legal notice. A short summary as to why the relief sought through a legal basis.
How to send a notice?
In commonly we don’t know the importance of legal notice and we use word occasionaly. So, while engaging this kind of words we use to seek the guidance of a professional lawyer so that the drafting of a legal notice can be made easy.
While drafting the notice, we need to take utmost care regarding the usage of words.
The words have to be used very precisely and cautious by not admitting any fact that may later
Be denied to you in the court of law. Once the legal notice has been drafted and dispatched, you may not able to make any changes in that. Be very cautious and take a right step towards the right decision.
Step 1
Consult a lawyer who has a good command of drafting notices. This notice can be sent in any Indian language, but mainly English is the most preferable language. The notice should be addressed to the person to whom you have a grievance.
Step 2
While consulting with the lawyer, you may require to explain the information in a detailed manner, along with the parties who have been involved and their names if possible to mention.
Dates when the commitments are made and not dishonored, challenges and issues faced any previous attempts of dialogue, etc.
In most recent cases especially the conflicts between husband & wife, I have observed that this can often bring the spouse for negotiation. In many instances, this may be solved through Family counseling to both of them.
Step 3
The lawyers will carefully study the case which you shared with them, and they make relevant and required information and they share with you, and they will seek any further information is required to add.
Step 4
The lawyer drafts the notice in a prescribed language clearly by mentioning the reason for sending it to the addressee. And with regards, the previous communications hailing the cause of the notice and to offer a reasonable time has to be given to resolve the issue.
This will depend on the grievance usually the lawyer has to take the action on behalf of the client and stress the defendant to respond for the action and within a stipulated time he needs to fulfill the demand or seek a reply.
Step 5
The notice has to be duly signed by both the clients and the lawyer. It can be either sent via registered post or courier. After sending the notice a copy should be retained to the lawyer.
Step 6
Informally we expect that after the notice is received by the other party, he needs to reply.
But as a standard of practice, we need to make calls some times, because it is a good practice to follow.
Importance of filing a notice:
Certain situations may arise and this can be confusing about how to file a notice against a person to resolve the problem. Filing of a notice can be a new step towards the journey of litigation.
Therefore there are different characteristics in which it is important. By intending to send a notice to the defendant stating that, I am going to file a lawsuit to resolve the issues, the notice will rise as a new beginning for your litigation journey. A client can easily narrate his unjust act in a notice with the help of an advocate. It acts as a reminder for the defendant who has received this notice, allowing him to consider the issue cordially and resolve it before attending.
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