Procedure to Send Someone a Legal Notice

Content of a legal notice: The legal notice is the first step for proceeding with legal actions, therefore there has to be all the important information mentioned in the legal notice. The contents of a legal notice are:

1. Basic details:- Name, address of the person to whom it is sent, and the sender.

2. Cause of action: The manner of legal notice should be paragraphs that should contain the facts of the issue and the issues the sender has with the person to whom legal notice is sent also if there is any previous communication that happened between them.

3. Prayer: In the last paragraph of the legal notice the sender has to mention what relief he/she wants to claim.

Now once the legal notice has been drafted it has been signed by both the lawyer and sender both. And then post or deliver in person or online.

Whether sending the legal notice is mandatory or not?

Under section 80 of the Civil Procedure Code, sending the legal notice is mandatory before filing any case or suit against the person. Section 80 makes it clear that it is not mandatory to send legal notice in every case, it can only send in cases where it is addressed to any public officer or State but lawyers mostly send the legal notice in every case which is not mandatory.

Section 138 of the Negotiable Instrument Act: This section also deals with a legal notice. If there is any case regarding cheque bounce then it is mandatory to send a legal notice to the person within 30 days from the date the cheque has been bounced. If the sender is not paying the amount within 15 days after receiving the legal notice then you can file a suit against him within 30 days from the date the sender received the legal notice.

This section also talks about criminal liability, it states that if the cheque bounced then nonpayment may sentence him 2 years of jail or fine or maybe both.

The contents of legal notice under Negotiable Instrument :

1. The first thing that needs to be mentioned is the details regarding the cheque, like why and for what the cheque had been issued, details of the cheque, details of the person who issued the cheque or dishonor.

2. It must be signed by the lawyer and the person sending the legal notice or payee.

3. Legal notice must be sent by post or in person or through online mode.

Other cases where legal notice can be issued:

1. Matter related to the consumer: A consumer can file or send a legal notice in case he has received a defective product or service or advertisement which is wrong or misleads the people or hurts the sentiments of the public, deficiency of services. For example, recently a case has been filed against a restraint for serving vegetarians a non-veg dish, it not just wrong service but also hurt the sentiments and religious beliefs of the family.

2. Matter related to property dispute: In India, most civil cases are related to property only. Especially family disputes over a piece of land. If there is any such issue as a partition between family members, or issue with any builder regarding property, or any matter related to the eviction of any tenant, legal notice can be filed to let them know that you are taking them to the court.

3. Matters related to employer and employee: Employee has the rights and power to send a legal notice to the employer in cases like:

1. If there is any sexual harassment.

2. Any termination which is not right.

3. If the upper authority is abusing its power

4. In case of non-payment of the salary.

4. Matters related to matrimonial dispute: If there is an issue between a couple or husband and wife regarding divorce, custody of the child, maintenance, etc. they can send a legal notice regarding the matter.

Benefits of a legal notice: Legal notice is considered as a first step to initiate a legal notice for a reason, not just to let the other person be aware of the issues and matter but to give both the parties a chance to settle the matter without dragging each other to court.

1. Reaching to the common point: Legal notice gives the party one last chance to keep the issue aside and settle the matter out of court by either reaching a common point or by settling the matter.

2. Time-saving: Court cases are lengthy and time taking processes. So legal notice gives a chance to save time.

3. Save money: Since court cases are lengthy it is not just time-consuming but also money. The legal notice gives them a chance to save their money by settling the matter outside the court.

4. Fair and Reasonable: It also gives a fair chance to the parties to hear each other and to let the person know about your issues. Also a fair chance to let the other person know that you are taking him/her to court so that the person gets the chance to prepare.

Procedure to send a legal notice :

1. Contacting a lawyer with excellent drafting skills. The language of the draft can be any Indian Language but English is preferable.

2. Tell the lawyer every single detail about the issue or the matter like the name of the parties, the address, relation with them, and the issue with them.

3. The lawyer noted everything and will ask you if there is anything you want to add or mention.

4. The lawyer then draft the notice either in front of you or after drafting gives you the draft to read everything in which he will mention to whom the legal notice has been issued, the cause of notice,  why the legal notice has been issued and send, all the communication the sender and the person notice has been send about the matter and issue of the notice,  and to describe the date and time if they want to settle the matter out of court and at last what the sender is seeking from the notice and from the person against whom the notice has been sent.

5. After completion of the drafting, the notice has to be signed by the lawyer and the sender and then it should be sent by post or courier or in person. If the notice has been sent by post or courier then the acknowledgment should be taken mostly as a copy of the notice.

6. Usually, after the notice is received by the party it is expected by the lawyer and the sender that they will reply but if the other party does not reply then the lawyer of the sender will make calls or try to contact the party regarding the notice.

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