A legal notice is essentially an intimation or information in an unambiguous manner that a person sends to another person or entity to do or not to do certain acts, failing which the sender of the notice would take legal redress. Simply put, it is a formal communication in which you tell the other party that you intend to take legal action against him or her. It may be statutory or merely voluntary to issue a notice, but in any case, the purpose of the notice is to notify the receiver, i.e. the addressee, accurately and explicitly of the intention of the sender. Not only must there be a proper dispatch of the notice, but for the sender to be held responsible, there must also be clear proof of the notice being received by the addressed person. An Intimation is a Legal Notice and is filed in civil cases such as:
- Property related disputes
- Matrimonial Matters
- Issues involving Negotiable Instruments
- Workplace sexual harassment
- Non-Payment of salary
- Issues relating to insurance claim payments, etc.
In most cases, sending a legal notice helps by settling the actual issue or conflict via clear intention of filing a lawsuit against the other party, in which the other party prefers a Settlement of the legal dispute to avoid liability or penalties.
At IPLF, we are skilled in the art of clearly narrating the problems faced by the party and the resolution that is expected to bring the matter to a logical and legally sound conclusion in a convenient and efficient manner.
The first step is to consult the customer with our team and to share brief information about the matter.
2. Information Sharing
All relevant customer information, including the name of the parties, addresses, complaints, concerns, and relief requested, is then jotted by our team.
3. Providing Documents
Then, for the preparation of the notice, all appropriate and required documents are given to our team.
A notice is then drafted by an expert from our team in a legal language, clearly indicating why the notice is being sent, information on prior communications, and a specified period for the addressee to respond.
Finally, the prepared legal notice is duly signed by the sender after the drafting and post-approval of the client and is then sent to the addressee both by email and registered post with our team securely retaining the acknowledgment receipt. For future reference, a copy of the notice is also kept by our team.
- Details of the grievance.
- Details of the relief sought.
- Supporting documents
- Details of both the parties
- Other information on case to case basis.
1. What happens if a legal notice is not replied?
It is not necessary to respond to a legal notice, but it is advisable to reply to the notice accordingly, taking into account the laws in force.
2. Who can send a legal notice?
Any individual whose legal right has been violated can, electronically or physically, submit a legal notice to the infringing person or organization.
3. Can a legal notice be sent by email?
Yes, it is possible to submit a legal notice via e-mail. It is, however, advisable to send a copy of the Legal Notice via registered post or courier to the addressee as well.
4. Is it mandatory to reply to a legal notice?
No. Replying to a legal notice is not necessary, but it is advisable to respond as it will support the addressee if a civil case is ultimately filed. By common consensus, the matter can be solved, saving time and money.
5. Can a legal notice be sent by WhatsApp?
Yes, a legal notice maybe sent through WhatsApp and, according to the latest order of the Supreme Court, it is considered as valid legal proof under the law. Under the Indian Evidence Act, the blue tick over WhatsApp will legally show that the intended recipient has received the document.
6. What if the Addressee cannot be reached?
In the case of persons and registered addresses in the case of companies, the legal notice should be sent to the last known address of the Addressee, and if the notice is returned or comes back for any reason it will be considered that notice was served to the Addressee. There are a few situations in which the statute mandates submitting a notice, such as a cheque bounce, an application under the Insolvency and Bankruptcy Code, 2016. Other mediums like WhatsApp, Email, and Courier, etc can also be used to send the notice.
7. How to send legal notice to the employer?
Registered post, E-Mail, WhatsApp or Courier can be used to send a Legal notice to the employer.
8. Is it possible to send a legal notice without a lawyer?
Yes. Sending a legal notice without a lawyer is certainly possible. However, as professional writing skills and legal language make a notice very effective, it is advisable to employ a lawyer.
9. Is it mandatory to send a legal notice before filing a case?
No. It is not a prerequisite, but notice under Section 80 of the Code of Civil Procedure is necessary to be served when a person is preparing to file a suit against a government or government body.