Registering A Legal Notice Through Cadeskindia
Cadeskindia has a team of legal experts who can provide complete guidance to draft the legal notice!
Fix an appointment
Resolve all your queries
100% legal support
Fix an appointment
Resolve all your queries
100% legal support
What Is a Legal Notice? - An Overview
A legal notice is an intimation sent by one person to another informing them that they intend to initiate legal proceedings against the other person. A lawyer notice is normally sent when an act or inability to do an act has damaged the person. For example, a lawyer notice is sent when a contract has been breached, when a tenant is not paying the agreed rent, when a right has been infringed, etc. It is a formal communication between two entities that makes the sender eligible to initiate legal proceedings. It has a certain legal notice format to follow. It is generally drafted under the legal notice format provisions of the Civil Procedure Code and can only be issued in civil cases. Sending a legal notice has many benefits, as it can lead to several outcomes without litigation involvement. For a legal notice to show a fruitful result, the notice must be correct, both factually and legally. For this, help from experienced professionals is required. Cadeskindia is one such organisation that has a dedicated team of experts who will provide the right assistance to our clients when it comes to sending legal notice.
Benefits of Sending a Legal Notice
- A legal notice acts as a warning. It is sent to the person to remind them of their duties and obligations. It sends a message about the legal consequences of non-compliance. It makes the person aware of your grievance. Knowing how to send a legal notice will help ease the overall legal process for you.
- Caveat: It informs the person regarding a potential risk of litigation and thus provides a chance to them to rectify their errors.
- Since a legal notice is just an intimation, the parties can try to negotiate their way out of the issue at hand through other dispute resolution methods.
- Legal notices encourage settlement and discourage costly litigation.
- Legal Proof: It acts as proof that the wrongdoer/entity was approached using other means before seeking help from the court. It is a valid record.
What Should a Legal Notice Include?
Wondering how to send a legal notice in perfect format? An ideal legal notice includes the following necessary details:
- Precise statements of facts of the aggrieved party for which the action needs to be taken. This includes a brief of all the problems the party is facing. This can be claims or reply to legal notice.
- Alternate relief sought by the aggrieved party needs to be mentioned. This can be monetary or by the discharging of an act
- The notice shall also include the means by which the issue can be resolved. This is included in the last part of the notice
- It includes the civil and penal consequences if the demands of the aggrieved party are not complied with
- Name and required information of the client. This also includes the address of residence
- Details of the monetary relief sought by the party. This must include the legal basis of the claimed relief. This can be claims or reply to legal notice.
- Advocate Details: Name, designation, contact number of the lawyer sending the notice, signature of the lawyer.
Legal Notice Format for Recovery of Money
In India, a legal notice for recovery of money can be sent by an individual or a company to another individual or company. The legal notice format for recovery of money for such a notice is typically as follows:
The [name of the person/company to whom the notice is being sent],
[Address of the person/company to whom the notice is being sent]
Subject: Legal Notice for Recovery of Money
Dear [Name of the person/company to whom the notice is being sent],
You are hereby notified that you have outstanding dues of [amount outstanding] towards [name of the individual/company sending the notice]. This outstanding amount is due and payable immediately. In case you fail to make the payment within 7 days from the date of receipt of this notice, we shall initiate appropriate legal proceedings against you without any further notice.
Yours Truly,[Name of the individual/company sending the notice]
By following the legal notice format for recovery of money you can increase the chances of gaining your money back as soon as possible, legally.
Procedure for Filing a Notice
Wondering how to draft a legal notice? Follow these steps:
- Step 1: The legal notice draft is created as per the client’s requirements and sent to the other party through a registered post. The legal notice draft contains the above necessary details. The notice also includes a timeframe within which the other party is expected to respond. (30-60 days)
- Step 2: The copy of the sent notice is saved by the sender. It is a useful document if the aggrieved party initiates proceedings
- Step 3: After the timeframe is complete and the party has not responded, the aggrieved party has the advantage of going to the courts.
By following the steps on how to draft a legal notice, you can ensure your legal requirements compliance.
FAQs on If You've Been the Victim of a Bounced Cheque, You Need Cadeskindia!
In most cases, you should wait 15 days before filing a complaint with the court. Make sure to send all of the necessary documents, as stated previously.
You cannot bring charges against the drawer if the bounced check was presented to you as a gift or was lent to you for the repayment of a loan installment.
Yes, you need to submit documents along with the complaint letter to the court. Documents such as the Cheque Return Memo, the original bounced cheque, a copy of the notice sent along with the acknowledgement receipts, and an affidavit stating evidences need to be sent to the court in original format.
If you don’t file a complaint within the stipulated 30 days, the case will lapse. However, in certain circumstances, the court may grant you an extension.
Yes, you can. A cheque dishonoured under the stop payment instruction is covered under the Section 138 of the NI Act. So, you have every right to press charges. This can be done only after you have sent a Demand Notice to the drawer.
A perfectly crafted legal notice often works in favour of the aggrieved party. It is a medium of approaching the opposite party to settle without the involvement of the courts. It is necessary that the notice is precise and to the point. A poorly drafted legal notice can weaken the case of the aggrieved party. Hence it is important to seek guidance from legal experts.
- We at Cadeskindia will always keep your interests in mind and draft your notice as required
- We also allow up to two rounds of iterations with no extra cost. If there are changes that need to be made to a legal notice our lawyers will do that for you
- With the help of Cadeskindia, we will give you the best experience as we house experienced professionals with in-depth technical knowledge who will guide you at every step of the way
- With service standards that are client-centred, reliable, and ethical, we will always be here to support you.
Note: For every issue or concern you may have, our experts will assess your situation and advise you on the best course of action.