Legal Notice is a formal intimation by one party to the other expressing his intention to undertake legal action against the other over a matter of controversy between them. Any person or party who feels that his contracted rights and interest have been infringed can serve this notice to the other. This notice can be issued only in civil matters and the term does not hold good in criminal cases.
PURPOSE OF NOTICE
The basic idea of serving a legal notice is to make the other party conversant with the intention to initiate the legal proceeding . It keeps the parties aware of the fact that legal recourse shall be undertaken over the specific grievances so that no element of surprise surge up and the parties can prepare the representation over the claims put by other. It is like a final warning to the receiver that the sender is all prepared to initiate a legal action and it is the final opportunity for the receiver to resolve the issue in hand properly.
Legal notice is a way-out to settle the disputes in an amicable manner without indulging into the battles of court . In most of the instances facts mentioned in the notice works as the grounds for legal proceedings before the courts.
WHO CAN ISSUE THE LEGAL NOTICE
The aggrieved party can serve the notice on his own. However, it involves certain intricacies which requires a legal outlook to address them and can be catered best by a legal professional.
WHEN TO SEND A LEGAL NOTICE
There are a number of instances for which one can send a legal notice to a person or an entity. However, the most common instances when legal notices are served as as enlisted below-
- Disputes related to property such as mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
- Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.
- Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.
- Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.
- Notice in the case of cheque bounce to the issuer of the cheque.
- Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.
CONTENTS OF A NOTICE
There is no as such set specific format of legal notice. However, legal notice should be a well structured document on the letter head of the advocate divided under following heads
TITLE – The title is the most important part of the notice and should be such that it can easily make the reader understand the context in which the notice has been issued.
RECIPIENT ADDRESS – The notice should clearly mention the name and address of the recipient to easily understand as to whom it has been served upon to take action.
FACTS OF THE CASE – The notice should contain all the material facts and cause of action for filing a legal notice in a clear and concise language including when and where the event happened, reference to the earlier communication in this regard and the question of law involved in the case.
REMEDIES SOUGHT FOR – The plaintiff serving legal notice should clearly state the remedies, negotiations relief or action expected from the other party to settle the grievances providing therein the reasonable time frame to address the concerns.
CONSEQUENCES – This part of the notice specifically enumerates the civil and penal consequences if the rights and claims of the aggrieved party as may be sought for, will not be fulfilled.
IMPORTANCE OF LEGAL NOTICE
- Communication of grievances in a detailed manner.
- Cordial and hassle free settlement of litigation.
- Avoidance of encumber some and tedious legal proceedings.