Essential Elements of a Legal Notice
Date : 03 Apr, 2021
Post By Advocate Osheen Chawla
See you in Court, that is something people do not like to say or hear, but sometimes when people don’t get what they deserve or what belongs to someone or if they are deprived of their rights then they need to knock on the Court’s door. But everyone deserves a chance to either rectify or to be heard or try to solve the problem in a peaceful way, this could be done by sending them a legal notice. A legal notice is a way to let the other person or party know that you are initiating legal proceedings against them and one last chance to solve the matter out of court. In this blog, we will talk about what are the essentials of legal notice? What are the essential elements of notice drafting? Components of notice etc.
What is the Meaning of Legal Notice Legal Notice is a formal document, written or prepared by the lawyers after the party told them the matter or issue which they have with the other person or party, to tell them that you are initiating legal actions or proceeding against them and if there is any chance that the other person or party want to negotiate or want to solve the matter without going to court, as legal proceeding takes time and money both. Legal notice is the first step of every legal action if the matter is civil in nature, not criminal. Consult the best lawyer online When to Sent a Legal Notice A Legal Notice is a formal way of communication if there is any dispute between two or more people or party regarding: Divorce: If a couple or spouse having an issue and they don’t want to continue the marriage or they are done then they can be sent the other spouse a proper legal notice to let them know that the sender wants a divorce or going to file a divorce, in which the person has to mention why he/she want a divorce. Maintenance: In case the wife or children or old parents are not able to maintain themselves then they can ask for maintenance from the son or daughter by sending them a legal notice stating the same under section 125 of the Criminal Procedure Code. Child Custody: If the child is either not safe or is not able to live a proper life, or with an unsound parent or the economic condition is not good, then the other parent can send a legal notice letting the parent know that you want to file a custody case. And if he/she wants to settle the matter or issue out of court by agreeing on the terms and conditions or by rectification. Property Dispute: If there is any matter related to the eviction of the tenant or matter related to the builder or the matter is related to family property partition or it is about the mortgage of any property. Complaint Against any company or Consumer Complaint: If any person is having any issues with any specific company regarding any product which is broken or damaged or the service they received has made any mistake. Consumers or the person having an issue will send a legal notice to the company to tell them about the matter or issues you are having and want to drag them to court. Compliant by Employee: If there is any sexual harassment or any matter related to unpaid salary or matter related to wrongful termination or any type of verbal abuse or if the rights of the employee are being violated. Employees can send legal notice to the employer to inform them. Complaint by Employer: If the employer violates any agreement signed by him/her or any type of verbal abuse or any issue regarding sexual harassment or not fulfilling his duty or work or not performing his duty or leaving the job without informing the company. Cheque Bounce: In case of cheque bounce the legal notice is filed under section 138 of the Negotiable Instrument Act, which makes a legal notice mandatory in the issues or matters related to cheque bounce with some limitations. According to this section, the sender must be sent legal notice within 30 days from the date cheque has been bounced and if the other party after receiving the legal notice is not paying the money within 15 days then the sender can file a case against him/her within the period of 30 days from the date the legal notice has been received by the other party.
Essential Elements of a Notice: Legal Notice is described under section 80 of the Civil Procedure Code. According to section 80 of the Civil Procedure Code legal notice is mandatory before filing any suit or filing any case against any public officer or against Government. It did not say that in a private case legal notice is mandatory, in private cases lawyers prefer to send legal notice though it’s not compulsory in case of issues or matters related to a public officer or government it is. The reason behind sending this legal notice is to give the government or public officer a chance to make a settlement out of court if it is fair and appropriate instead of knocking on the court’s door. Since it is the legal notice which is considered as the first step of filing legal action it should be drafted in proper way or manner and it should be drafted well which include all the key points, hence it should be drafted by a good lawyer or by the lawyer who is having excellent drafting skill. There are certain essential elements of notice which needs to be mentioned in the legal notice: Brief facts or statements related to the issue or the matter for which the party wants to file an action or want to initiate legal proceedings against the other party. What relief or settlement they want from the other party. Summary of the facts with the communication made between the parties regarding the dispute or issue. What is the problem arising in front of the sender and the problem the sender is facing due to matter or issue and also what can the other party or court do to solve the matter. The party needs to mention in the legal notice that how the other party can provide the relief or what the other party should do to solve the issue or matter either mutually or by court’s order. Essentials of a public notice is also the same as above. Components of a Notice Details: In the legal notice it is important to mention the name, address, and phone number of the sender and to whom the legal notice has been sent. Issue or Matter: In the legal notice the facts related to the matter or the issue has to be mentioned, the issue the sender is having with the other party and if they have any conversation or communication regarding the matter or the issue, that too in paragraph form. Relief: What the sender is expecting from the other party or what he wants to solve the issue or how he wants to resolve the matter or issue. It should be the last paragraph of the legal notice. Procedure to Draft a Legal Notice The most important thing is to have a good lawyer. Civil cases mostly need good drafting first especially when it comes to a legal notice. Legal notice should be well drafted so that it serves its purpose. Hence the first step to form a legal notice is to find a lawyer. Tell the lawyer about the matter or issue in detail so that he will advise you what you can do and what you should do, also what do you want from the other party. A lawyer will draft the legal notice either in front of you or after drafting on the basis of your details and description of your matter, he/she will give you the drafted notice to read and if any alteration you want to make. After reading the draft or making the alteration put your signature at the bottom along with the lawyer’s signature. A lawyer will send the legal notice through post or in person and the acknowledgment should be taken. Wait for the response by the other party or if the other party is not contacting after getting the legal notice that lawyer will make a call to talk about the legal notice. Get in touch with the best lawyer online
Conclusion: Section 80 of the Civil Procedure Code talks about the procedure of legal notice, it makes it mandatory for the person if he/she wants to file a case or suit against any public office or officer or against the government then the party has to sent a legal notice first to inform them about it and also to give them a chance to solve the dispute of issue outside the court if the relief claimed is fair, just and appropriate. The essential elements of a legal notice are the facts, issue, and relief and if there is any communication made between the parties needs to be clearly and specifically mentioned. The legal notice should be signed by the sender and lawyer before sending it. And in case of cheque bounce the issue falls under the Negotiable Instrument Act and has to be dealt with according to that.
