WHEN AND HOW TO SEND?
A legal notice is a formal written communication sent by one party to another to inform them about a legal grievance and to give them a chance to resolve the issue before court action.
1. What is a Legal Notice?
A legal notice is:
- A formal intimation of a claim or dispute
- Sent before filing a case in court
- A chance for the opposite party to settle the matter
Common in:
- Cheque bounce (under Negotiable Instruments Act, 1881 Sec. 138)
- Divorce / matrimonial disputes
- Recovery of money
- Property disputes
- Employment issues
2. Essential Contents of Legal Notice
A properly drafted legal notice should include:
Basic Details
- Name, address of sender & receiver
- Advocate’s details
Facts of Case
- Complete brief facts in chronological order
Cause of Action
- What wrong has been done
- Legal provisions violated
Relief/Claim
- Amount to be paid / action required
Time Limit
- Usually 7–30 days (depends on case)
Legal Consequences
- Warning of court action if not complied
3. When to Send Legal Notice?
You should send a legal notice:
- Before filing a civil case (recommended)
- When law mandates it (e.g., cheque bounce cases)
- When you want to create strong documentary evidence
❗ Not mandatory in all cases, but strategically important
4. How to Send Legal Notice?
Step-by-Step Process
- Draft the Notice
- Preferably by an advocate (professional language)
- Print on Advocate Letterhead
- Send via Proper Mode
Accepted Modes:
- Registered Post (A/D) – (Most preferred)
- Speed Post
- Courier
- Email (additional proof, not primary)
Best practice:
Send through Registered Post + Email
5. Proof of Sending
Keep these safely:
- Postal receipt
- Tracking report
- Acknowledgment card (A/D)
- Copy of notice
These act as evidence in court
6. Time Period After Notice
- Usually 15–30 days waiting period
- In cheque bounce: 15 days mandatory after receipt
7. What Happens After Sending?
If Opposite Party:
- Complies → Dispute resolved
- Ignores → You can file case
- Replies → Matter may settle or proceed to court
8. Important Legal Points
- Legal notice strengthens your case
- Shows bonafide intention
- Courts often consider it positively
- In some cases, absence of notice weakens claim
Practical Tips (Very Important)
- Always use clear & professional language
- Avoid emotional or abusive wording
- Mention specific dates & amounts
- Attach supporting documents (if needed)
For Educational & Legal Awareness
Website: www.ushavatsassociates.in
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