In today’s world the importance of sending legal notice has increased due to rise in litigation between individuals and firms. That’s why complete procedure is explained to issue legal notices. When any civil dispute arises between persons it’s necessary to first issue legal notice instead of filing civil suits. Beside, there are certain statutes which make legal notice requirement mandatory before initiating legal proceedings. It is therefore imperative for everyone to know what are legal notices? how to issued? what are the types and format of legal notices?
What is a Legal Notice?
It is a written document sent to the person, a company or any other entity informing regarding a grievances. It’s a warning to the receiver that sender has certain grievances, which has not been addressed properly by the receiver. In this way sender give reasonable time to the receiver to resolve issue. Otherwise, sender has legal right to start civil proceeding including lodging FIR (if necessary).
Today, no matter where you go public legal notices still serve very important purpose. Though format of legal notice and specific requirements may vary by location.
Who Serve Legal Notice?
The person whose right has been violated or any person duly appointed through special power of attorney can serve this notice on opposing party. While serving legal notices, bear in mind that it should be sent via registered postal services. In this way you have a valid proof to submit in court that you already informed the wrongdoer to resolve issue. If servers as a good gesture toward court that aggrieved party informed other party but it ignored.
Importance of Filing a Legal Notice
Before you decide to start civil litigation, there are several methods that you should think about and use it. As we know today most of the cases are settled outside of court without commencing trial. So, If you think your case can be settled through this way you should issue notice first. And inform other party that you are willing to resolve the issue. These alternatives are;
- Mediation, and
These alternate dispute resolution mechanism can help you to arrive at effective solution. These days, all companies when enter into contacts with individuals/firms makes it obligatory on their part to specify ADR clause stating that disputes are to be settled through arbitration instead of going to court.
What are The Types of Legal Notices
Actual Legal Notice
Express Legal Notice
Implied Legal Notice
Constructive Legal Notice
This type of notice is based on legal fiction which signifies that a person or entity should have known facts, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. According to Rule Of Law court presumes that a party can get information if proper diligence had been exercised.
Other Types of Legal Notices
There are some instances where parties can issue legal notices before opting to initiate legal proceedings;
- Notice to appoint guardianship
- Notice to quit/ eviction
- Notice of court auction
- Notice to foreclosure, forfeiture and seizure
- Defamation notice
- Notice to debtors and creditors
- Insurance notices
- Notice to summon and hear
- Divorce notices
- Contractual notices
Requirement of Legal Notices in Statutes
In Pakistan, serving legal notices before initiating legal proceeding is a requirement. There are several laws which requires that when a party want to start litigation must send prior notice. This way party gives ample time to opposing party to start alternate methods and reach out on a solution. In following Pakistani statutes it’s mandatory to send notice;
- Punjab Consumer Protection Act, 2005
- Defamation Ordinance, 2002
- Preemption Act, 1991
- Punjab Rented Premises, Act 2009
- Islamabad Rent Restriction Ordinance, 2001
- Factories, Act 1934
- Mining, Act 1923
- Copyright Ordinance, 1962
- Trade Mark Ordinance, 2001
- Patent Ordinance, 2000
- The Code of Civil Procedure, 1908
Useful Tips While Serving Legal Notice
Follow these tips when you send notice:
- Unless you have knowledge about law, always engage Lawyer to draft legal notices.
- Notice should only address the person(s) against whom you have the grievances.
- Mention the cause or grievance.
- Mention previous communications (if made) regarding the cause of notice.
- Give addressee a reasonable time, normally 7 days to 15 days is enough.
- Show willingness to negotiate the issue.
- Give time in notice for either fulfillment of your demand or giving reply
- Sent it through Registered AD post.
- Keep a copy of receipt of post office as well as notice.
- Do not admit any fact in notice
- Always use words in simple but with definitive meaning.
- Mention in what way you want relief.
- If you damages states figure in numbers as well as in words.
Sample of Legal Notice
There are different format of legal notices used in different proceeding. In the coming posts we will explain various drafts of legal notices.
ADVOCATE NAME OFFICE ADDRESS
Ref. No.________ Dated: ________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.
Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section ___ of the _______ Act
1- That my client ______________.
2- That since ______________.
3- That on ______________.
4- That my client filed a Demand Notice ______________.
I therefore through this Notice call upon you ______________.
A copy of this legal notice is retained in my office for further necessary action.