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What is a Legal Notice?
A legal notice is a written document that serves as a formal communication between the parties. A legal notice informs the receiver that the sender intends to take legal action against them. A legal notice also aids in informing the receiving party of the sender’s grievances. It serves as a final warning to the recipient to comply with a specific condition in order to avoid a legal struggle. This article is about Legal notice format . It’s used in a variety of scenarios, including:
- In Consumer Forums: If a person receives a bad goods or service, he or she can issue a legal notice to the person in question, requesting that he or she correct the defects.
- Disputes involving property, such as partition, eviction, or concerns connected to property possession.
- Defaulters on Loans: The debt recovery process begins with the sending of a legal notice to the defaulters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).
- Cases under the Negotiable Instruments Act: In the event of a cheque being dishonoured, the aggrieved party may issue a legal notice for payment recovery.
- Money Recovery Cases: In money recovery cases, the initial step is to send a legal notice to the individual who is being sued.
- Employee and Employer/Company: If an employer deprives an employee of their wage in any way, the employee has the right to file a legal notification with the employer.
It is a method for reducing the length and cost of litigation by allowing the parties to settle the dispute through negotiation, mediation, or arbitration. A formal legal proceeding is a time-consuming and expensive procedure. This is why, before bringing a lawsuit, a legal notice should always be filed. The following are some of the reasons why it is critical to file a legal notice:
- A legal notice allows the plaintiff to express his grievances to the receiver in detail.
- To avoid a formal legal process, the receiver of the notification can remedy the issues.
- Without resorting to litigation, the situation can be resolved outside of the courtroom.
- Parties that receive legal notice have the option of resolving their disagreement through Alternative Dispute Resolution processes.
When you send a Legal Notice through an advocate, you can be confident that it will be crisp, short, and compelling. Aside from the advantages listed above, sending notice through an advocate has its own set of benefits.
Important Postulates in a Legal Notice
Heading
The title should be brief and informative, allowing the reader to get a sense of the subject matter included in the notice. Additionally, the correct address should be included so that the notice reaches the intended recipient and person.
Matter and Facts
This section discusses the reason for the notification in question. Acts that have caused a problem for the sender, whether purposely or accidentally, should be detailed. If there have been any previous communications on the subject, they must be referred to as well. There should be no crucial information about the subject left out.
Sender’s demand and requirements
The notification’s sender’s demand should be carefully prepared and included in the notice. The sender has the option of requesting particular performance or monetary compensation for the grievance and mental harassment he has had as a result of the other person’s actions.
Result and consequences
The consequences of failing to comply with the terms of the Legal Notice must be stated in the notice itself. The penalties will function as a deterrent to the addressee from taking the appropriate action within the time frame. The addressee should be given a reasonable amount of time, say 20 or 30 days, to resolve the issue through dialogue or other means.
Types of Legal Notice
Tenant Eviction Legal Notice
The Rent Control Act of 1948 in India specifies the rights of renters. A Rent Agreement is written between the tenant and the landlord when land is leased to a renter. Despite the fact that renters have rights that protect them from forced or unlawful eviction, the landlord can bring an eviction suit for specific reasons. The landlord must first give a formal notice to the tenant before initiating an eviction complaint. The legal notice will include the following information:
- The number of days the renter has to depart the property
- The time and date on which the property must be evacuated.
- The reason for being evicted.
SAMPLE TENANT EVICTION LEGAL NOTICE:
Employee-Employer/Company
Employees are rarely informed of their rights, which is one of the main reasons for employer exploitation. Employees confront issues such as delayed or non-payment of salaries, unjust firing, and so on. In the event that a salary is not paid on time or at all, the employee has the right to file a legal notice with his employer, claiming the money owed to him for the services given.
SAMPLE NON-PAYMENT OF SALARY TO THE EMPLOYER LEGAL NOTICE:
Cheque Bounce Legal Notice
A legal notification is filed under Section 138 of the Negotiable Instruments Act in the instance of cheque dishonour.
SAMPLE DISHONOR OF CHEQUE LEGAL NOTICE:
Consumer Dispute Legal Notice
When a person receives substandard goods or services, he, as a consumer, has the right to submit a legal notification against the offending party. The consumer can give a reasonable time, such as 15 days, in the legal notification to correct the product’s flaws.
SAMPLE CONSUMER DISPUTE LEGAL NOTICE:
When is a Legal Notice filed?
Only civil cases require the filing of a legal notice. In criminal proceedings, the government is the one who takes legal action against the wrongdoer. When a lawsuit is brought against the government or a public official, however, Section 80 of the Civil Procedure Code requires that a legal notice be served.
Two things are detailed in Section 80 of the code.
Firstly,
- Who should the notice be sent to?
- What information should be included in the notice?
- Who should the notice be sent to?
Secondly,
- If the litigation is filed against the Central Government or a State Government, the notice should be served on the secretary of that government or the collector of the district.
- If the complaint is brought against a railway, the notice should be served on the General Manager.
- If the complaint is brought against the Government of Jammu and Kashmir, the notice will be served on the Chief Secretary to the Government or any other authorised person.
- If the litigation is being brought against a public official, the notice should be given to him or left at his place of business.
The government or the officer who receives the notice has two months to resolve the issue. If they do not comply, a formal legal process against them may be begun.
This rule was put in place to dissuade people from filing frivolous lawsuits against the government. A legal notice can be filed and drafted by the individual themselves, or he can hire a lawyer.
If a person hires a lawyer to create the notice, the notice should be typed on the letterhead of the lawyer. A legal notice should include all of the case’s relevant information. The name and address of the recipient should be included. The person might send the legal notification himself or through his lawyer.
The reason for filing the lawsuit must be included in the legal notice. It should also include a list of any previous communications about the cause of action.
The plaintiff should allow the recipient a reasonable amount of time to resolve the issue. The following options can be used to resolve the situation:
- Addressing the offended party’s grievances
- Negotiating the situation
- Performing the desired action by the recipient.
- The notice is delivered via Registered Advocate’s mail.
- The sender or his lawyer keeps a copy of the notice.
SAMPLE PURCHASE OF IMMOVABLE PROPERTY LEGAL NOTICE FROM VENDOR:
What should the notice contain?
Section 80 further specifies the information that must be included in the notice. This data includes the following:
- The individual sending the notice’s name, description, and address;
- The reason for the submission of the notice;
- The plaintiff’s request for relief or recompense.
SAMPLE RECOVERY OF MONEY LEGAL NOTICE:
Important attributes of Legal Notice for NRIs
The entire procedure of mailing a Legal Notice through Registered Courier might take up to 5-7 business days.
In India, English is the most widely used language for sending legal notices.
There are no papers or attachments that must be delivered with the Legal Notice to the other party. Although it is not required to respond to a Legal Notice, it is usually best to do so after consulting with an attorney. His writing skills and use of legal jargon have the potential to make an impression on the recipient.
The Legal Notices given by WhatsApp, Telegram, E-mail, or Fax have been acknowledged by the Supreme Court of India. The two blue ticks on WhatsApp indicate that the notification has been received. In the case of SBI Cards (P) Ltd. vs. Rohit Jadhav, the Bombay High Court held that if a person receives a Legal Notice through WhatsApp and opens it, the Legal Notice is deemed served upon him.
If the sender knows the recipient’s alternate address, he or she must include it on the notification to guarantee that it reaches him.
A Legal Notice does not have to follow a specific format. It is dependent on the advocate’s drafting skills and understanding of the laws and language.
When a notice is delivered in response to a contract breach, it should be sent to the address specified in the contract’s “Notices” provision.
The manner of shipment (electronic or physical) must also be in accordance with the terms of the parties’ contract.
The cost of drafting a Legal Notice by an advocate can range from as little as Rs. 1000 to many lakhs, depending on the intricacy of the case.
What is the process of Legal Notice?
- The first stage is to create a legal notice addressed to the opposing party and sent through registered mail with the issue, the relief sought, and a certain time frame (say, 30 to 60 days) to resolve the matter.
- After you’ve submitted the notice, keep a copy of the receipt you received. This could be useful if you need to file a legal lawsuit.
- Before filing a court case, you must wait for a certain amount of time.
- The person or entity to whom the legal notice is sent now has the above-mentioned days to respond to the notice or agree to an out-of-court settlement.
- Even if the other party does not respond to the legal notice, it is necessary for the person to whom the legal notice is addressed to respond within the time limit. If a notification is not responded to, one may be at a disadvantage for failing to respect the law, giving the opposing party an unfair advantage in court.
A legal notice can also be delivered personally.
- Before sending a legal notification to the opposite party, one can draft it and authorise it. However, because the wording of a legal notice is critical if the matter goes to court, and identifying the law under which you have raised the claim is critical, having a lawyer create copies of the legal notice will benefit you.
- The same is true when responding to a legal notice, because one may not be aware of the relevant law to use in order to respond to the other party’s allegations.
- The legal notice format PDF is drafted in the part below, and it contains the legal notice format for money recovery.
How can NRIs reply to a legal notice?
When someone receives a notification, the following points should be kept in mind:
Reading the notice with care: It is critical to read the entire Legal Notice in order to fully comprehend the issue and concerns mentioned by the sender. If one believes there is a chance of resolving the conflict amicably, the talk can begin.Getting in Touch with an Advocate: It is usually a good idea to contact a good lawyer who can help you with your case.
Briefing the Advocate: The next step is to convey your side of the storey to him, including details about the time, facts, and events surrounding the case so that he may create an appropriate response to the sender that includes your perspective.
Sending the response: After drafting a response to the Notice, it is sent through registered mail or courier, with a copy of the receipt maintained. The advocate keeps a copy of the Legal Notice and the response for future correspondence.
If you receive a legal notice for payment of money in a check bounce case:
You must respond within 15 days of receiving the notice. You must also send a check in the same amount to the payee as the last check, along with the notice. The reason for the check dishonour must also be stated in the response. If you do not respond within the specified time frame, legal action will be taken against you.
If you do not owe the person who gave the notice any money, you should state so in your response to the notice, which must be sent within 15 days. You can always seek the advice of a lawyer who specialises in this area.
a) A 30-minute phone conversation with a lawyer for advice and consultation
b) Legal Notice Draft. The draft of the legal notice will be shared with you for your approval.
c) Legal Notices are sent out. Following your approval, the advocate will send the legal notice through registered mail and provide you with the tracking number.
d) This service does not involve the filing of any case after the legal notice has been sent out.
A cheque bounce case can be filed in a court whose local limit of jurisdiction is the bank to which the cheque is given, according to the Negotiable Instrument (Amendment) Act, 2015.
How to place a Legal Notice Advertisement?
Many of the same criteria apply to writing a legal notice ad for the newspaper as they do to any other sort of ad. The fundamental distinction between a legal or public notice and a conventional classified ad is that most ads utilise a standard “call to action” to persuade a reader to buy a service or product, which is not the same as a call to action for a legal or public notice.
The purpose of these advertisements is to either inform or persuade someone to take action. A person’s action could be as simple as attending a hearing or simply being aware of a change in their neighbourhood in some situations. Because of this information, public or legal notices are frequently longer than a normal 4-line sales ad.
- Make it clear how or if the public can participate in any hearings, auctions, or public meetings.
- When it’s appropriate, use abbreviations. Legal notifications, on the other hand, do not shorten so much that the ad can be misread because they are supposed to help the broader public.
- Determine the geographic location of your ad. This could be your city, state, or, in certain situations, national newspapers.
- Contact the newspaper or a firm that specialises in legal notice placement.
- Make your ad (see additional information on what information to include below)
- Determine when you’ll need your ad to appear. This could be for a set number of days or on weekends.
- Request a quote.
- Approve the ad, or truncate it as needed to lessen the length of your ad.
- Submit or confirm ad placement before it goes live (ask for proof so that you can see how the ad will appear in the newspaper.)
- After the commercial has run, request tear papers.
Is the Legal Notice still valid via Emails?
Both the Delhi High Court and the Supreme Court of India made necessary revisions to the Civil Procedure Code, 1908, following the Supreme Court’s groundbreaking decision on electronic legal notices, at least in commercial issues to begin with.
E-Governance, often known as electronic governance, is covered by Sections 4 to 10A of the Information Technology Act of 2000. The Act recognises the electronic transmission of papers for additional purposes, including legal notices. According to the Act’s legal recognition of electronic records, any information or substance that is printed or typewritten will be deemed to satisfy if it is available in a digital form.
Furthermore, according to the Indian Evidence Act of 1872, any information contained in electronic records written on paper, recorded, or replicated in magnetic or optical media when produced by a computer shall be deemed a document if all of the section’s qualifications are met. In some situations, however, the parties may be required to present a certificate pursuant to Section 65B (4) of the Act to prove the admission of electronic records.
“In addition to a normal mode of service, service of Notice(s) may be affected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format,” according to a three-judge bench of the Supreme Court of India. The admissibility of electronic legal notices is currently being debated by some courts and judges, who favour paper-based paperwork. This decision, on the other hand, explains and confirms that legal notice can be issued by email.
The Plaintiff should be aware of the Respondent’s email address and ensure that no typographical errors are made. In other situations, the Plaintiff may have been provided the incorrect email address, the notification delivered by electronic medium may have been misplaced in the spam folder, or the Respondent may have deleted the email, leaving no proof of receipt. To be secure, the legal notice must also be given to the Respondent’s last known address if couriered or physically delivered.
Also read – How to get pan card for NRI in 2021
FAQ’s
Q.1 What is the penalty for a cheque bounce?
In a cheque bounce case, the maximum penalty is three years in prison plus a fine that can be up to double the value of the check.
Q.2 How long do I have to register a complaint against the drawer once the notice is served?
A case under section 138 of the Negotiable Instrument Act of 1881 can be filed within 30 days following the expiration of the 15-day period from the date of service of the notice to the drawer, i.e. 45 days from the date of service.
Q.3 What can I do if the deadline for filing a section 138 case has passed?
If the time limit for launching a case under section 138 has passed, another option is to file a summary suit for money recovery or to begin criminal proceedings against the drawer under section 420 of the IPC within three years of the date on which the cheque was issued.
Q.4 What can I do if I don’t know the location of the drawer?
You will need to know the drawer’s current address in order to serve legal notice to him; if you do not know his current address, you can serve the legal notice to his last known address.
Q.5 What if a person fails to react to a Legal Notice?
If the person who receives the notice fails to react within a certain amount of time, the aggrieved party initiates a lawsuit in the relevant court of law. After the complaint is filed in court, the responder will receive an order from the court to appear in court and address the charges levelled against them by the opposing party.
Q.6 What is the time limit for responding to a Legal Notice?
The time limit for responding to a legal notice varies from case to case, ranging from 15 days in some cases to 30 days in others, depending on the circumstances, such as a dishonoured check or a consumer complaint, to 45 days or any number of days specified in the notice or the statute under which the notice is filed. With the assistance of a qualified civil attorney in India, a response to the notice should be filed.