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LEGAL NOTICE

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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
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