Legal Notices are the most effective legal instrument for obtaining a redress of an unresolved grievance. A properly-drafted legal notice could help save thousands of dollars and precious time that could be wasted in court battles. A lot of laws mandate that the complainant send an official notice to the defendant. Only when no action is taken by the notice must an action be taken.
In the article, we’ll provide you with information about Legal notices, their significance, and the most important points to remember when serving legal notices.
What exactly is a legal notice, and what is its purpose?
Legal notices are official notifications from the party on the side of the complainant to the defendant of his decision to file the legal process against him. Legal notices in this sense are a procedure before trial. The purpose of delivering a legal notice is to identify the opposing aspect of your grievance complaint, and the reason for the basis of taking action.
Notifying the legal authorities prior to launching legal proceedings is an excellent legal procedure. It will not only help save time but also money that could have been spent on an in-court legal battle and also long waits until the trial is over.
On who can you issue the legal notification?
The sending of a legal notice is an excellent legal practice, however, it’s not required. If the opposing person is a government department or public official, the sending of a legal notice is required under article 80 of the Civil Procedure Code, 1908. Similar to subsection 138 in the Negotiable Instruments Act of 1881, the sending of legal notices is required. This is applicable to bounced cheque instances. It is mandatory to issue an official notice to the person who issued the cheque within 30 days of when the cheque bounces. If the debt cannot be paid by the deadline of 15 days of the date of sending an official notice, legal action can begin within 30 days.
In the capacity of a petitioner (petitioner) as a petitioner, you are able to send a legal notice to any individual or entity with whom you have a complaint. It could include your employer, landlord, your company, or even a doctor, dry cleaning service, or even an agency of the government.
Who is authorized to serve an official notice?
You may even issue a legal notice of your own initiative. The only condition is that you must have an appropriate cause of action and a violation of a right recognized by the law. Thus, it is advisable to speak with a lawyer and send a legal notice to the lawyer. A legal notice that is sent by the services of a lawyer gives more authority and credibility to the legal notice. Making use of legal language and fully establishing your legal cause on the Legal Notice offers numerous advantages.
A legal notice should in the best case lead to a solution to the conflict between the two parties. Most of the time, the person receiving the notice (the defendant) will be willing to negotiate demands for settlement or compensation. When you’ve got a legal professional at your side, negotiations become an open and two-way process and the likelihood of oppression or threats decreases drastically.
What is the content of a legal notice?
Legal notice must be concise, precise, and concise. A quality legal notice should not be more than two or three pages. A typical legal notice should include the following information:
Name, description, and address of the person who sent the notice.
- – Statement of the cause of the action.
The relief sought by the person who sent the notice.
A summary of the legal basis of the relief sought.
The relationship between the sender who issued the notice is legal and the recipient.
If a cheque were to bounce in the event of bounced check, the following details must include in the notice of legality:
Information about how the transactions took place (issuing of the cheque as well as the bouncing date)
Identification of the person issuing the check as well as that of the individual to whom the check was issued.
The purpose for which the cheque was issued
The signature of the lawyer and the payee
The important thing to keep in mind when notifying legal notices:
Always send Legal notice via registered post. Keep the receipt or bill for you (or your attorney)
Always keep a copy of the legal notice to yourself and with the lawyer.
Keep in mind that the notice can be rejected by the person who is defending it. In such a situation refusal, it will be considered to be acknowledgment.
Always write your legal information on the letterhead that is provided by the lawyer.
Legal Notices must always be signed by both the person sending the notice and his lawyer.
Legal The notice must always be signed on behalf of the petitioner’s lawyer.
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