- CJ ASSOCIATES, 10-12-2024

HOW TO SEND LEGAL NOTICE

We all are very much acquainted with the term legal notice. There happens to be an occasion in most of our lives either to send or to receive a legal notice about any issue. In common parlance, the term “legal notice” implies disputes between the parties. It means due to any act or omission on the part of any person or entity a formal communication is addressed contemplating the grievance of any person or organisation.       

Let us discuss in detail the general concept of legal notice and the manner of sending the same to any person or authority.

• Definition :

There is no definition as such of this term in the statute. In a general sense, the expression “legal notice” means a notice containing allegations being addressed to the wrongdoer expressing the intention of the sender of such notice. The sender of a legal notice must be the person aggrieved by the conduct of the wrongdoer. In the backdrop of such discussion, it is relevant to mention that the term “person” includes (a) any individual or 

(b) any entity e.g. a partnership firm or a company be it Private Limited or Limited as the case may be 

To sum up, a legal notice is a notice sent by an aggrieved person to a wrongdoer expressing his/her grievance for the conduct of the wrongdoer for which the sender has suffered loss and damage. Now, we shall go into more detail to comprehend the overall concept of legal notice.

• Purpose of sending Legal Notice :

The legal notice is sent to a person with the sole object of cautioning that person from abstaining from any wrongdoing that would cause prejudice to the sender of the legal notice. It is the pre-condition of any legal notice that the act or omission on the part of the wrongdoer causes substantial damage and/or prejudice to the sender of legal notice. On coming to know of such wrongdoing the sender tends to send legal notice through his/her advocate. In many cases, it has been seen that after issuing legal notice through the advocate the wrongdoer immediately stops doing detrimental acts or omissions and agrees to an amicable settlement with the sender of such legal notice. That is why it is very important to issue a legal notice before taking any stern legal action against someone which reduces the possibility of exorbitant legal expenses for a litigant in a court of law.

The basic structure of the legal notice

1. Date

2. Name of the Person

3. Correct address of the addressee

4. Relevant fact giving rise to cause of action

5. Stipulated period of reply

6. Signature of authorized Person

• Contents of Legal Notice :

Before issuing legal notice it is indispensable to know few fundamental things as to how a legal notice is to be sent effectively so as to compel the person against whom the legal notice is being so issued to stop doing such wrongdoing and also come to terms with the sender. However, the below-mentioned are the key things which a person or any authorised person should borne in mind while drafting any legal notice. 

i) The legal notice must mention date preferably on the right hand top corner of such notice. The date is one of the essential elements of a valid legal notice. If the sender of such legal notice fails to mention the date on such document then the whole purpose of issuing the legal documents are frustrated. Therefore, before issuing a legal notice one should thoroughly check whether date has been mentioned on such legal notice.

ii) The sender of such legal notice must mention the name of the person against whom such notice is intended to be issued. It is one of the essential elements of a legal notice in as much as if the name of the person or persons against whom such notice is intended to be issued is not mentioned therein then the wrongdoer shall not get any intimation which would result in continuation of the wrong committed by the wrongdoer and the sender of such notice would be left remediless.

iii) Apart from the name of the wrongdoer, the legal notice must contain the correct address of the person or persons against whom the legal notice is being issued otherwise the same may be returned unservedor the article and/or envelop containing such legal notice may reflect “the addressee cannot be found”. Hence, it is most crucial thing to verify the address of the addressee.

v) All the relevant and material facts must be stated in the legal notice. The authorised person or the legal representative of the sender of legal notice must state the issues giving rise to disputes between the parties. It should be borne in mind that facts explained in the legal notice shall form part of the legal proceeding if at all instituted later on. Therefore, it is very necessary that the aggrieved person should explain in the legal notice the cause of his/her grievance. It has happened on many occasion that due to lack of proper explaining the facts in the legal notice the matter instituted by the person aggrieved got dismissed in a court of law.

v) The legal representative of the sender must bear in mind that in the end the specific date has to be mentioned within which the addressee is under obligation to give reply to such legal notice. Normally, in the legal field preferably ten to fifteen days time is given to the wrongdoer for giving reply to legal notice. After expiry of the stipulated time, the aggrieved person may institute a civil proceeding against such wrongdoer before any appropriate legal forum.

vi) In the end, the signature of the person sending the legal notice must be present otherwise the whole purpose of legal notice would be frustrated. It is mandatory thing that the legal representative must put his signature in the end of such legal notice.