What Is Legal Notice And How To Draft It?

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;

1. Negotiation
2. Mediation, and
3. Arbitration

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

Express Legal Notice

Implied 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
DESIGNATION  _____________
CONTACT NO.
__________________________________________________________________

Ref. No.________                                                                                                                                  Dated: ________

REGISTERED A.D.

To,

1- _______________

2- _______________
SUBJECT:  LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.

Dear Sirs,

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.

ADVOCATE NAME