There is a common mistake about legal notices, as most people cannot state what goes into them. While it’s always advisable to get a legal expert to create one. You will also get to know what goes into drafting one.
All legal action can be taken only after notice has been served on the entity or person you want to take to court. It is the process that makes it legal to bring a case to court. The information sent is known as the legal draft. A legal notice, therefore, is a formal communication to a person or an entity, informing the other party of their intention to take legal action against them.
This notice, when sent, states your intention to initiate legal proceedings and thus, Notifies the party of your complaint. Many times, a legal notice given leaves the other party in trouble, and the issue is often settled out of court, with fruitful discussions between both parties, before going to trial.
However, if the other party is still unaware of the complaint, court proceedings can always be initiated after a prescribed interval as stated by law. The bottom line is that legal notices can serve as a reference point to initiate negotiations between two parties and save both time, effort, and money usually spent on court cases.
Required Information for Legal Notice
A legal notice is filed as per section 80 of the Code of Civil Procedure, 1908, and is filed only in civil matters. A legal document is a notice and thus carries the following information:
- Exact details and facts relating to the complaint for which action is to be taken
- Alternative/relief sought by the aggrieved party
- summary of facts, and
- The way it can be solved.
It should be clearly mentioned along with the complete details of the problems the aggrieved party is facing as well as what can be done to resolve the issue. The last part of the law should contain a detailed description of how relief can be obtained and/or the problem can be resolved if both parties to the complaint are mutually agreed upon.
A perfectly prepared lawyer notice can act as a mediator between both parties and can help in resolving the issue out of court if both are willing to compromise on the issue.
The legal notice should include the following points:
- Name and required information
- description
- residence of informant
- aspects of influence
- Form of relief claimed by the sender of the notice
- Summary of the legal basis for the relief claimed
Filing a legal draft for Legal Notice
A legal draft, although a simple document, requires precision and accuracy, and definite language is used to ensure that the message is correct. A legal expert or an agent can help in drafting the legal draft and wording required for the particular issue as per the law.
Process of Legal Notice
- The first step is to prepare a solicited notice, with the issue, the relief sought, and a specified time frame (eg, 30 to 60 days) for resolving the issue, to be addressed to the other party and sent via registered AD post.
- To be sent, save a copy of the receipt sent after sending the notice. This can be useful in case of filing a court case
- Wait a prescribed period of time before filing a court case
- Now, the person or entity who was served with the notice will have the above-mentioned days to respond to the notice or opt for an out-of-court settlement.
Even if the other party were to ignore the legal notice, it is necessary for the aggrieved party to open the complaints through the legal format. If the other party were not to respond to the notice, they are likely to be at a disadvantage when it appears in court.
The legal draft can also be sent personally. The legal draft can also be sent personally. One can draft a legal notice and get it authorized before sending it to the other party. However, since the wording is extremely important if the matter reaches court, and it is essential to cite the law under which you have made your claim, having a legal expert draft a legal notice can work to your advantage. Will do
The same applies to replying to legal notices, since here too one may not know the appropriate law to be used to respond to the claims demanded by the other party.