The main procedure of bringing an issue into the court is to serve a notice upon the entity or individual against whom you wish to take legal action. And the intimation sent is known as a legal notice. A legal notice is, therefore, a formal way of informing the other party of your intention to undertake legal proceeding against them in case the so-called demand is not fulfilled. Legal notice India is, generally filed in civil cases and not in criminal cases as the action is taken by the state which is the supreme authority.
Today, fear of taking a legal action against the wrongdoers has faded considerably. We come up with numerous litigations with individuals or entities or companies wherein filing of civil suit becomes imperative which we do general file. There are certain individuals or entities who straightaway enter into litigation yet at the same time others intending for the filing of a civil suit in a court of competent jurisdiction by serving a legal notice upon an opponent. Here, you may think whether the filing of a legal notice in India is mandatory or not. No, the filing of legal notice in India is not mandatory in all the cases yet there is certain legislation that makes the serving of legal notice as mandatory before going for any court’s proceedings. For instance, section 80 of the Code of Civil Procedure, 1980 (CPC) provides issue of a legal notice against the Government prior to suing. Likewise, section 138 of the Negotiable Instrument Act makes it obligatory to send a cheque bounce notice before knocking on the court’s door.
Certain situations may come to your way where you might get confused about how to start litigation in order to get your matter resolved. Filing a legal notice can give you a fresh start on your litigation journey. Therefore, its importance can be understood from different perspectives.
1. Merely sending a legal notice can help in most of the cases to resolve the actual issue or dispute by giving clear intention of filing a lawsuit against the other party. Subsequently, the other party might take the immediate step to save oneself from the court’s proceeding.
2. A person can easily describe his grievances in a legal notice. It can be done with the help of an advocate to whom you have to narrate clearly your issues. It is your duty to present all information before the Advocate so that the Advocate selects the relevant and important information from what was shared by you; otherwise, he won’t be able to prepare an effective legal notice. So, be sure that you have shared all the information with your Advocate regarding your matter that will be helpful to prepare an effective legal notice.
3. Serving of legal notice can give a chance to the opposite party to whom legal notice was served, resolve the issue amicably. Once a Legal Notice is served, the receiver will get a time frame (eg; thirty days in case of a cheque-bounce Notice) to respond to the Legal Notice he has received. The time frame will start from the date the Legal Notice was sent. Only after the expiry of such period of thirty days, can a person with grievance file a Civil Suit against the receiver of the Legal Notice.
4. Don’t get confused with legal notice taking it as a common letter. So, be careful while you are receiving and replying to a legal notice and for that, you must take the advice of an Advocate who is considered as the best legal professionals to understand the legal language and legal terms used by another Advocate.
5. The importance of legal notice can be verified as it can be said as a reminder to the receiver of legal notice about his acts which knowingly or unknowingly have created a problem for you.
Drafting a legal notice is the task which can be done by an Advocate. If you in need of the helping hands of an Advocate then you can contact Legalresolved which is an online platform working as an intermediary between the clients and the Advocates.