What is a Legal Notice and How to Send It?

Understanding Legal Notices

A legal notice is a written communication that the affected party sends to the opposing party, informing them of the legal action they plan to take against them. This is done when the affected party has suffered a civil grievance and is seeking compensation or legal remedy. The legal notice is a formal and procedural requirement that must be fulfilled before filing a case in a court of law as per the Civil Procedure Code, 1908.

The notice must contain all the facts and complaints of the aggrieved party, along with the legal remedy they seek. The sender of the notice is called the Sender, and the person to whom it is addressed is called the Addressee. It can be served by the Sender himself or through his appointed advocate under his letterhead.

The purpose of the legal notice is to give the defendant notice of the aggrieved party's intention to take legal action against them and provide them with a chance to resolve the matter amicably. The defendant is given a specific time frame within which they must respond to the notice, indicating whether they agree or disagree with the facts stated in it.

If the defendant fails to respond to the legal notice, it works in favor of the aggrieved party. The legal notice is an essential step in initiating legal proceedings against the opposing party, and it is advisable to seek the guidance of a legal professional to ensure that it is drafted correctly and contains all the necessary information.

Importance of Legal Notice

• Formal Communication: When a legal notice is sent to an individual, they are given a clear indication of the sender's intentions and their intent to file a lawsuit to resolve an issue. It is a type of formal communication that helps the opposing party to respond and avoid a legal suit.

• Procedural Requirements: A legal notice is an important document that is included in the process of legal actions taken by the sender and other legal procedures.

• Negotiation and Settlement: Legal Notices mention all the details of the case. It also opens up the possibility for negotiations and settlements. The notice also clarifies that the issue can be sorted out cordially if the opposing party agrees to it in the given time frame.

• Evidence in Court: Legal Notices can be served as evidence. It is a written record that can be further used with court documents and can be mentioned during litigation.

Situations Requiring a Legal Notice

Legal notices are commonly employed in various scenarios, including:

• Breach of contract: Citizens of India can issue a legal notice in case of breach of contract in corporate or public sectors.

• Defamation Cases: Legal notices are issued for defamation cases as the first step to initiating civil proceedings. It is issued in situations like loss or damage to reputation, compensations, etc.

• Consumer Complaint Issues: Notices in such cases are filed about complaining about faculty products, services, or any advertisement which is not true or misleading to the public.

• Property-related disputes: Notices are issued for disputes such as partition, eviction, or possession.

• Employment-related issues: Legal notices are issued to employees & employers for issues like wrongful termination, sexual harassment cases, non-payment of salary, violation of company policies, infringement of company terms & conditions, etc.

• Loan Defaulters cases under Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) and Debt recovery.

• Dishonor of cheque: Notices can be sent to the issuer of the cheque when their cheque bounces. Under Section 138 of The Negotiable Instruments Act, legal action can be taken against the cheque issuer.

• Primarily, legal Notice acts as a warning to the Addressee to avoid a court battle. Legal Notice acts as a time and money saver by avoiding court litigation and resolving the matter by way of negotiation, mediation, or arbitration.

Types of Legal Notices

In India, there are 4 types of legal notices in practice. Let’s take a look at what these 4 types of notices are and how it is drafted.

Public Notice

A public notice is addressed to the public about specific legal proceedings. The public comes across this type of notice very frequently. Public feedback is expected when such notices are circulated. News related to social gatherings and events is also conveyed through public notice. The media plays a very important role in distributing these notices to their audience. For example, if Your area’s municipal corporation is going to temporarily cease water supply for a day for maintenance purposes, they will issue a public notice to newspapers.

Actual Notice:

This type of notice can be drafted by organizations and individuals. To understand this, let’s take an example of a social worker who will be rewarded for his exceptional work for the community. The government will draft an actual notice to inform them that they will be felicitated for their social work. These notices find their application in judicial proceedings, hence, the scope of this notice format is limited.

Constructive Notice:

A constructive notice is issued to inform employees about organization policies. The notice is a type of legal announcement issued to an organization holding it responsible for action along with the members as well.

Implied Notice:

Implied notice refers to a notice that is not explicitly given or communicated in writing, but is instead inferred from the circumstances or actions of the parties involved. It means that the recipient of the notice is deemed to have knowledge of the notice, even if it was not directly communicated to them.

Components of a Legal Notice

If you are planning to draft a legal notice, these are the following essential ingredients that are required to be present in a legal notice:-

• Sender and Recipient Details: Identifying information of both parties involved.
• Statement of Facts: Clear and concise description of the issue or grievance.
• Legal Basis for Claim: Citing relevant laws or contractual clauses supporting the claim.
• Relief or Action Demanded: Specific remedy sought, such as payment of dues or cessation of actions.
• Time Frame for Compliance: Setting a reasonable deadline for response or action.
• Signature and Date: Validating the authenticity and timing of the notice.

Procedure to send a Legal Notice in India

Sending a legal notice has become relatively easy for a layperson as many samples are available on various websites. However, it is still recommended to avail of the services of a professional. One can also opt for legal advice online to serve a legal notice. A lawyer's Notice would create a strong impression on the opposite party, and all the legal angles and provisions will be taken care of. Sending a well-drafted notice is like winning the half-court battle.

1. Gather Information: Before drafting your legal notice, gather all necessary documents, contracts, and communications that support your claim. This includes any evidence or correspondence relevant to the issue at hand.
2. Consult with a Lawyer: Consult with a lawyer to discuss your case and understand your legal rights and options. Legal advice is crucial to ensure that your notice complies with legal requirements and effectively communicates your grievances.
3. Draft the Legal Notice: After discussing your case with a lawyer, draft the legal notice. Include all material facts of the case, the cause of action, and details of your grievances. Structure the notice logically, using clear and precise language to convey your demands or expectations. Prepare the legal notice on the letterhead of your lawyer. This adds credibility and ensures that the notice is seen as a formal communication from a legal representative.
4. Choose a Sending Method: Select a reliable method to send the legal notice:

   1. Registered Post with Acknowledgment: Send the notice through India Post's registered post service, ensuring proof of delivery.

   2. Courier Service with Tracking: Use a reputable courier service that offers tracking to monitor the delivery status.

   3. Email with Delivery Receipt: If agreed upon by both parties, send the notice via email with a delivery receipt to confirm receipt.

5. Await Response: Once the legal notice is sent, allow the recipient a reasonable time to respond. Typically, this is specified in the notice itself, indicating when you expect a reply or action to be taken.
6. Document Proof of Delivery: Keep a copy of the legal notice and proof of delivery. This includes the acknowledgment receipt, courier tracking details, or email delivery confirmation. These documents serve as evidence that the notice was received within the stipulated timeframe.
7. Respond Appropriately: If you receive a legal notice in response, acknowledge receipt promptly. Seek legal advice to understand the implications and prepare an appropriate response within the given time frame.

FAQs

Is it mandatory to send a legal notice before filing a lawsuit in India?

Legal Notices are mandatory only in civil cases. It must be fulfilled before filing a case in a court of law as per the Civil Procedure Code, 1908.

What is the time limit for responding to a legal notice in India?

The usual time frame given to the Addressee ranges from 30 to 60 days.

What happens if the recipient of a legal notice does not respond?

If the Addressee doesn’t respond to the legal notice in the given time frame, the sender can file a case against you in court. This will lead to legal proceedings in court against you.

Can a legal notice be sent via email?

A legal notice sent via email is valid. However, it is suggested to send a hard copy of the legal notice to the Addressee via registered post or courier as well.

Can a legal notice be sent to a company's registered office instead of a person's address?

Yes, the legal notice can be sent to the company’s address where the person is working.

How can proof of service be obtained for a legal notice sent by registered post or courier?

When a legal notice is sent to the registered address of the addressee, the addressee can acknowledge the receipt of the notice and will return it to the sender. This becomes a document of proof for the sender.

What are the consequences of not responding to a legal notice in India?

When the Addressee ignores legal notice two times, the sender initiates legal action. The Court may take adverse implications against the Addressee. Ignorance of legal notice is not an offense under the law but it can have serious legal consequences.

About the Author

Adv. Taranjit Singh is a distinguished advocate specializing in commercial and civil law. With over 15 years of experience, Adv. Taranjit brings a wealth of expertise in governance, advanced contracting, procurement, cyber security, and technology law.

For the past few years, Adv. Taranjit has served as an Independent Counsel at the Bombay High Court, where his legal expertise and unwavering dedication to his clients have earned him widespread respect and admiration in the legal community.