LEGAL NOTICE FOR RECOVERY OF MONEY| HOW TO DRAFT A LEGAL NOTICE FOR RECOVERY OF MONEY

WHAT IS LEGAL NOTICE?

A legal notice is merely the requirement that a party be aware of the legal processes. That influence his rights, duties, and obligations. In other words, it’s a technique of informing persons or groups about a case that is mandated by the courts. The facts and complaints stated in the petition must be included in a legal notice delivered to the defendant. Its purpose is to tell the defendant of the charges against him and. To give him (the defendant) a reasonable amount of time to respond. And to inform the court whether he agrees or disagrees with the facts stated therein.

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The person who sends the notice is known as the sender. The person who receives it is known as the addressee. A notice allows the addressee to convey his side of the story in a courteous manner rather than having to go to court. A notice is only served if the addressee accepts it or refuses it.

The notice may be required by law or just optional, but in either instance, the objective of the notice is to inform the receiver, particularly the addressee, exactly and explicitly of the sender’s intention. Not only must a clear notice be sent, but there must also be clear confirmation that the notice was received by the recipient in order to settle the sender’s liability.

It is a civil intimation that is filed solely in civil matters, such as property disputes, marriage issues, negotiable instrument concerns, a serious issue such as workplace sexual harassment, and so on.

WHY IS LEGAL NOTICE NEEDED?

Laws apply to all organizations and individuals. As a result, if misunderstandings or problems emerge, it is the unsatisfied party’s responsibility to seek legal assistance. Before the case is settled in court, the dissatisfied party must file a petition with the court of law and send a legal notice to the opposing party.

WHICH OBJECTIVE DOES A LEGAL NOTICE SERVE?

As previously said, if all other options for settlement have been exhausted, people begin the legal procedure, which is usually initiated by issuing a legal notice to the opposing party, stating you intend to pursue legal action against them. Because it includes a statement of settlement, which we shall discuss later, this could be considered as a final resort to solve the matter outside of court. Returning to the original purpose of delivering a notice, the first is to formally notify the opposing party of your intentions, and the second is to initiate/invite a negotiation discussion in order to avoid the costs of going to court for both sides.

LEGAL PROVISION

Section 80 of the Code of Civil Procedure 1908 establishes the procedure for filing a notice in civil cases. The following is a list of the information that must be provided:

  • The facts and declarations in regard to the grievance for which action is to be taken should be stated clearly.
  • Mentioning of relief from the grieving party.
  • In addition, the methods for resolving the situation are mentioned, along with a summary of the facts.
  • How will the relief/problem be solved? With an overview of the facts and possible solutions.

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LEGAL NOTICE FORMAT

  • The sender’s name and address.
  • Cause of action.
  • Description.
  • Sender’s residence details.
  • The relief was claimed by the sender.
  • The legal basis for making a claim.
  • Stamp and signature of the advocate who is sending the notice on the sender’s behalf.

THE 1881 NEGOTIABLE INSTRUMENT ACT, SECTION 138.

Section 138 refers to a cheque that has been dishonored due to a lack of money in the account. Under this rule, if a cheque is dishonored in any way, the person who dishonored the cheque is required to deliver a notice to the person who gave the cheque.

If a check bounces, it is necessary to send a legal notice to the check’s issuer within thirty days after the refusal date. If you do not obtain a refund within 15 days after receiving the notice, you can file a lawsuit within 30 days of the expiration of the 15-day period.

  • You must include information from an attorney in the notice about the transaction for which the check was issued, the check itself, the dishonor, and so on.
  • Both the attorney and the beneficiary must sign the notice.
  • Registered mail must be used to send the notice.

Other than the regulations of the Code of Civil Procedure and the Negotiable Instruments Act, a legal notice can be issued in the following circumstances:

  • In the case of Customer Forums, if a product or service offered to a customer is defective, the consumer has the right to send a notice to the person responsible, requesting that he or she correct the error.
  • When a legal notice is delivered to a loan defaulter, legal actions are started in order to recover the debt. The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 has this provision (SARFAESI Act).
  • In the event that a company’s employees and employer are denied their salaries, the employer or employee may send a legal notice to the company’s director or employer, as the case may be.
  • Notice is required in marriage disputes and concerns involving divorce, child custody, maintenance, and stree-dhan, among other things.
  • Notice to an employer in the event of a violation of HR policies, unjust termination from the workplace, or a breach of an employment contract, among other things.
  • Disputes involving real estate, including not only owned property but also delayed possession of units, poor building quality.
  • A manufacturer or service provider has been notified of the poor quality of their goods or services.
  • A legal notice should be delivered after all other options for settlement have been exhausted, and no reasonable outcome has been achieved, and before a lawsuit is launched in a court of law. The crucial point to remember here is that a legal notice frequently has unfavorable consequences for the parties’ existing relationship and is sometimes misinterpreted as an ultimatum to the other person.

FILING A LEGAL NOTICE: A STEP-BY-STEP GUIDE

  • Look for a lawyer who can draft well. Legal notices can be sent in any Indian language, though English is the most common option. The opposite party against whom you want to bring a complaint or litigation must be named in the notice.
  • As you meet with your lawyer, you must provide specific details such as the names of the parties involved, their addresses, the dates of the transaction that was or will be completed, any problems or issues that have arisen from earlier communication attempts, and so on.
  • Attorney thoroughly investigates the case using the information provided, makes pertinent and necessary points in discussion with you, and seeks any further information as needed.
  • The lawyer then starts drafting the legal notice in legal language, clearly stating the reason for sending the notice, all prior communication with the addressee regarding the sender’s grievance, and providing the addressee with a reasonable timeframe of 15 days or 30 days to settle the subjected matter at hand by negotiating and taking the necessary action.
  • The notice is subsequently signed by both the advocate and the client and mailed to a registered AD post, ensuring that the recognition is maintained. A copy of the notice is normally kept by the lawyer.
  • The other party is expected to respond to the notice after receiving it, but as is customary, the lawyer will not contact the other party for some time.

SMALL BUT IMPORTANT REMINDERS TO KEEP IN MIND:

  • The entire procedure of mailing a Legal Notice through Registered Mail/ Courier might take up to 5-7 business days.
  • In India, English is the most widely used language for sending legal notices.
  • There are no papers or attachments that must be delivered with the Legal Notice to the other party.
  • Although it is not required to respond to a Legal Notice, it is usually best to do so after consulting with an attorney. His writing skills and use of legal jargon have the potential to make an impression on the recipient.
  • The Legal Notices given by WhatsApp, Telegram, E-mail, or Fax have been acknowledged by the Supreme Court of India. The two blue ticks on WhatsApp indicate that the notification has been received. In the case of SBI Cards (P) Ltd. vs. Rohit Jadhav, the Bombay High Court held that if a person receives a Legal Notice through WhatsApp and opens it, the Legal Notice is deemed served upon him.
  • If the sender knows the recipient’s alternate address, he or she must include it on the notification to guarantee that it reaches him.
  • A Legal Notice does not have to follow a specific format. It is dependent on the advocate’s drafting skills and understanding of the laws and language.
  • When a notice is delivered in response to a contract breach, it should be sent to the address specified in the contract’s “Notices” provision.
  • The manner of shipment (electronic or physical) must also be in accordance with the terms of the contract between parties.
  • The cost of drafting a Legal Notice by an advocate can range from as little as Rs. 1000 to many lakhs, depending on the intricacy of the case.

THE SIGNIFICANCE OF SERVING A LEGAL NOTICE

Courts are currently overwhelmed with cases. As a result, litigation is now the last resort for anyone seeking a rapid resolution to their situation.

A formal legal proceeding is a time-consuming and expensive procedure. This is why, before bringing a lawsuit, a legal notice should always be filed. The following are some of the reasons why it is critical to file a legal notice:

  • A legal notice allows the plaintiff to express his grievances to the receiver in detail.
  • To avoid a formal legal process, the receiver of the notice can remedy the issues.
  • Parties that receive legal notice have the option of resolving their disagreement through Alternative Dispute Resolution processes.

BENEFITS OF LEGAL NOTICE

A- Obtaining information

When a legal notice is sent, it expresses your desire prior to the start of legal procedures. A legal NOTICE informs the other party about the complaint. A legal notice advises the other party of the same, as well as the potential legal implications of their acts.

B- Warning in Writing

A legal notice is a written warning that informs your opponent of your strategy. A legal notice instils fear in the other party that the offended party will file a lawsuit.

C- Out of Court Settlement

A legal notice contains or references the party’s complaint, which includes all relevant facts. It specifies the relief as well as the legal remedy sought by the party. It is also stated in the notice that the dispute can be resolved amicably if the opposing party agrees and within the specified time limit.

D- Mutual Acceptance

Rather of spoken communication, a legal notice might be effective in achieving the desired objective. As a result, legal notice and/or response created might lead to mutual understanding between the two parties.

E- Budget-friendly

A notice is a cost-effective and powerful tool. The cost of the notice may vary depending on the office and the complexity of the matter at hand.

F- Doubts are dispelled

Any doubts about the intentions are dispelled after a response is received. If no response is received within the specified time frame, it is obvious that the receiving party has taken casually, and remedies can be pursued from there.

G- Record

Before proceeding to court, a proper relief was sought from the receiving party, according to the written record. The notification can also be appended to the court documents and referred to during the course of the case.

CONCLUSION:

A formal legal document prepared by an advocate for his client is known as a legal notice. While it is not required in all circumstances to report legal notice before the case, it is a critical document in the course of any litigation because most disputes or concerns are handled without coming to court with a simple serving of notice. The usefulness of a legal notice is also determined by the lawyer’s drafting abilities and how he presents the information to the recipient.

A legal notice is an important tool for the parties to communicate with one another. A well-drafted legal notice can help parties resolve their differences without having to go through the formality of a formal procedure, saving time and money.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.