A Legal Notice is basically information or intimation in a clear and unambiguous language that a person or entity 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. In simple words, it is a formal communication where you tell the other person that you intend to take legal action against him or her. The issuing of the notice may be a statutory duty or merely optional, but in either case, the purpose of the notice is to inform its recipient i.e. the addressee precisely and clearly about the intent of the Sender. There must not be only a clear despatch of notice but in order to fix liability on the Sender, there must be clear proof of the notice being received by the Addressee. A Legal Notice is an intimation and is filed in Civil Cases like:
- Disputes related to property
- Matrimonial Issues
- Issues related to Negotiable instruments
- Sexual Harassment at Workplace
- Non-Payment of Salary
- Issues related to payment of insurance claims etc.
- Sending a legal notice helps in most cases by resolving the actual issue or dispute through the
- The clear intention of filing a lawsuit against the other party, wherein the other party prefers a
- Settlement or resolving the legal issue amicably to escape liability or damages.
At IPLF, we are skilled in the art of narrating clearly, the issues faced by the party and the resolution expected to amicably and effectively bring the matter to a logical and legally sound conclusion.
The first step is the consultation of the client with our team and sharing brief facts pertaining to the matter.
2. Sharing information
Our team then jots down all relevant information from the client including the name of parties, addresses, issues, grievances, and relief sought.
3. Providing documents
Next, all necessary and required documents are provided to our team for preparation of the notice.
Notice is then drafted in a legal language by an expert from our team, clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time for the addressee to reply.
Finally, after drafting and post-approval of the client, the prepared legal notice is duly signed by the sender, and is then sent to the addressee both by email and registered post with the acknowledgement receipt being retained safely by our team. A copy of the notice is also kept by our team for future reference.
- 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 mandatory to reply a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable.
2. Who can send a legal notice?
Any person whose legal right has been infringed can send a legal notice online or physically to the person or company infringing the legal right.
3. Can a legal notice be sent by email?
Yes, a legal notice can be sent through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.
4. Is it mandatory to reply to a legal notice?
No. It’s not mandatory to reply to a legal notice, but it is advisable to reply as it can help the addressee if a civil suit is eventually filed. The matter can be solved by common consensus, saving time and money.
5. Can a legal notice be sent by WhatsApp?
Yes, a legal notice can be sent by WhatsApp and is treated as a valid legal evidence under law as per the new order of the Supreme Court. The blue tick over Whatsapp would legally demonstrate under the Indian Evidence Act that the intended recipient has seen the document.
6. What if the Addressee cannot be reached?
The legal notice should be sent to the last known address of the Addressee, in case of individuals and registered addresses in case of companies and if the notice is returned or comes back for any reason it will be deemed that notice was served to the Addressee. There are a few cases in which sending notice is mandated by law such as cheque bounce, an application under the Insolvency and Bankruptcy Code, 2016. Also, the sender should try sending the notice through other mediums such as WhatsApp, Email or Courier as well.
7. How to send legal notice to the employer?
Legal notice to the employer can be sent through the Registered post, E-Mail, WhatsApp or Courier.
8. Is it possible to send a legal notice without a lawyer?
Yes. It is definitely possible to send a legal notice without a lawyer. However, it is advisable to hire a lawyer as professional writing skills and legal language makes a notice very effective.
9. Is it mandatory to send a legal notice before filing a case?
No. It is not a requirement, but it becomes mandatory to serve a notice under Section 80 of Code of Civil Procedure, when a person is planning to file a suit against the Government or Government body.