A legal notice could be said to be a legal intimation which is sent to the opponent, indicating that the aggrieved party is preparing for a lawsuit to be filed against the concerned parties, if the demand mentioned in the notice is not fulfilled. Hence, a legal notice could be defined as a formal communication to a legal entity or to a person, informing the other party of their intention of undertaking legal proceedings against them.
Legal Notice in India can be considered to be the first step during a legal proceeding.
The objective of a Legal Notice
The basic objective of a legal notice is to communicate the intention of the respective party to initiate the legal proceedings. A legal notice by advocate would serve the purpose of providing an opportunity to the opposite party so as to reconsider his or her legal position and to make amendments without getting involved with proceedings of the Court of Law.
The legal notice shall be deemed to be served only after the addressee has received or refused to accept the notice and not by merely posting the notice. This would also serve as evidence proving the receipt of a notice. Through a legal notice, one may demand from the recipient to accept his request as mentioned in the legal notice, otherwise a legal action shall be initiated.
Reply to a legal notice
The reply to a legal notice should be sent within the stipulated time, otherwise it will prove to be beneficial to the sender.
After having received a legal notice, following points should be kept in mind-
Read the legal notice carefully– It is important to thoroughly read the legal notice to understand the issues and concerns which are raised by the other party. If the receiver of the legal notice is of the opinion that the concerns raised in the legal notice can be resolved amicably then the parties could hold conversation amongst themselves.
Contacting the Lawyer– In case the contents of the legal notice are not clear, then it is advised that you appoint a profound lawyer who could take required legal action in the matter. Also, the receiver must keep a record of the time when he received the legal notice which would be helpful for when the matter is taken to the Court by the sender of the notice.
Briefing the lawyer– It is important that this step is completed carefully, the entire matter should be explained to the appointed lawyer. You must provide the lawyer with all related information regarding the facts, time, place, events etc which are related to the issue, as it would help the lawyer draft a proper reply on your part.
Sending the reply– The reply of the notice shall be sent either through registered notice or courier, after the lawyer has drafted proper reply to the notice on your behalf. The lawyer shall keep the copy of the reply notice for future reference.
What shall happen if the receiver does not respond to a Legal Notice?
When the person to whom a legal notice is sent has not responded to the legal notice in a stipulated time, the aggrieved party, in such a case, would file a suit in the appropriate Court of Law. After the suit has been filed in the Court, the respondent would be sent an order to appear before the Court so as to answer the charges pressed against him or her by the sender of the Notice.
Tips to provide a proper response
What to do when one receives a legal notice:
The first thing to do after having received a legal notice would be to call the sender of the notice with an objective to resolve the dispute through conversation.
Even though it is not compulsory to reply to a legal notice, it is advised to send an appropriate reply to the legal notice.
In case the receiver fails to send a reply to the legal notice, the aggrieved party may use it when drafting the petition to the court, the receiver can be blamed for not following through the requirements mentioned in the notice or to even sort the matter amicably, the reason as to why the case has been filed.
In case one believes that the facts stated in a legal notice are not true and the receiver wishes to contest the legal notice, then with the assistance from an experienced lawyer, he could draft a proper reply to the legal notice, hence denying the facts stated in the legal notice. Such legal notice must be posted through a registered post or courier.
Conclusion
A legal notice could be understood as the first step taken towards starting the legal proceedings or a last attempt to sort the issues between the parties. Therefore, it is advised that you seek legal help to draft a proper legal notice before sending it.
Lead India offers you a team of experienced advocates who have years long experience in dealing with matters related to civil as well as criminal matters, thus could help you draft appropriate legal notice. Therefore, if you wish to talk to a lawyer or even seek free legal advice online, you may contact us.
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