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

1. Draft the Notice
   1. Preferably by an advocate (professional language)
2. Print on Advocate Letterhead
3. 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