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LEGAL NOTICE DRAFTING Services Overview in India

What is a Legal Notice?

In a situation given a person enters into a contract, which is perfectly sound, and if a particular party in that contract does not follow the duties that were assigned in order for successful fulfillment of the requirements then it leads to breach of a contract e.g.: Installation and Usage of an Optic Fiber for the internet and Non-payment of the stipulated fees for the usage of the internet. In a scenario like the one aforementioned, the other party will request the failing party to repay the stipulated amount. However, despite several reminders if the party fails to repay the amount for the fulfillment of the contract, the aggrieved party could send a legal notice for the payment of fine. 

Legal notice plays an essential role in the enforcement of legal suits and proceedings as they indicate whether a person or an individual is about to be sued based on certain grounds mentioned in them and therefore serve as an indication that the other party needs to defend themselves. 

Section 80 of the Civil Procedure Code provides for issuing legal notice prior to proceeding for a suit before the competent court. Legal notice is not necessary in various cases, although Section 80 makes it more for a procedural requirement than a substantive one. 

List of things that ought to be mentioned in a Legal Notice?

  1. Name of the parties: It is essential and compulsory to mention the name of the parties including their respective addresses.

  2. Facts and Grounds: it is also critical to mention facts and the grounds on which such a claim is to be made.

  3. Compensation: Upon the damage caused by the assailant or the accused, the claim shall be made on the grounds that have been mentioned earlier. It is also essential to mention laws and provisions under which such compensation claims are being made.

  4. Signature: The signature of the concerned party is essential in the Legal notice to attest that it is a competent party who has sent the legal notice to the person against whom damages are being claimed.


Nature of cases where Legal Notices can be sent

  1. Property Disputes

  2. Cheque Bounce

  3. Consumer Complaints 

  4. Recovery of Money

  5. Breach of Contracts or Agreements

  6. Notice by Employer 

  7. Notice by Employee

Steps To Obtain relief with a Legal Notice IN INDIA

  • Consult a Lawyer

    • A lawyer can guide you best as to how and when to send a notice. It is important to discuss your case with an attorney before proceeding to file a notice. Also, the legal notice should be sent on a lawyers legal letterhead, thus making it very important to consult a lawyer for the same.

  • Drafting of notice

    • Legal notice with respect to your legal dispute and actions intended to be taken will be then drafted by the lawyer. Once the initial draft is ready, it is usually shared with the client to get approvals before actually sending it forth.

  • Dispatch of Notice

    • Once the drafted legal notice is approved, the lawyer will finalize the notice and send it forth to the defaulter on his legal letterhead thus making it admissible in any court of Law.

  • Reply

    • From the date of receipt of the notice to the other party, we need to wait for 15 days for the reply. Post 15 days if there is no reply on the notice, we can proceed with the further litigation against the other party.

Estimate Time Required for LEGAL NOTICE DRAFTING

The procedure of issuance of the legal notice will take 7-8 days.

*Any additional work required by the advocate before/after making the notice shall be charged to the client.

Documents Required for Legal Notice

All relevant documents prooving your claims

A detailed list of the reliefs intended to be sought

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    FAQ

    Though not mandatory, sending of a legal notice provides the issuer with ample opportunity to resolve the dispute.
    After sending a notice, you can wait for the respondent to resolve your issue or settle the terms of the dispute. If not, you can proceed to file a case before the competent court of law.
    Though not necessary, it is advisable to send a legal notice through a legal professional on a letterhead showcasing the name of the advocate/firm.
    Yes, in some cases we can send a legal notice through the mail and as per law, it is valid one.
    Legal Notice is required to be sent by a lawyer representing the client. A client can send on his own accord, although the language of the claims and the grounds for the suit should be properly mentioned by the client or any individual.
    In a given situation, if a legal notice is not entertained by the accused party, the aggrieved party may proceed under the laws prevalent in India and sue the party for the damages incurred.

    Yes. Recent developments in the laws and ease in procedural complications has made it easier for the legal notices to be sent to the person against whom such damages are being claimed via WhatsApp. 

    It was ruled by the Delhi HC, that a notice could be served by an advocate or an individual via Email, Fax, or Messages, whether WhatsApp or normal message. Therefore, if a person has sent a legal notice and a sign of blue double tick could be seen by the person claiming compensation, such a situation will be considered as a situation, where a legal notice has been duly served. 

    In case, a person or an advocate is not able to find the address where the notice is to be served, he shall do the following:

    • Institution: In order to send a legal notice to an institution, the person needs to check the place of the institution and mention the suit in the name of the director or the head of the department or the name of the institution after checking the relevant address.

    • Individual: in the case of an individual, the person or an advocate needs to enquire for the address of the person and if such inquiry fails, the person shall do so through email, fax, or messaging.
    The moment a legal notice is served to the concerned person, the first step is to accept the legal notice instead of rejection and thereafter, read the contents that are ought to be the ground for filing such legal notice. Further, the person should rather try to comply with the legal notice and the contents. Thus, there shall be further communication between the party sending it and the party receiving it, to rather ascertain as to whether those claims are just. However, a legal notice is impossible to avoid, although modes like changing your address and the telephone number could be the temporary solution to this issue.

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