Legal Notice

The legal notice is a formal way of correspondence between two parties. Legal notice can be sent by one party to another for instituting legal proceedings towards the other party or can also be sent to address any concerns that one party may have from another party. A legal notice from one party intimates to another that he/she is has instituted legal proceedings against the other party.

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LEGAL BITS YOU SHOULD KNOW

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A legal notice from one party intimates to another that he/she is has instituted legal proceedings against the other party. A legal notice is served only after the petition is filed before the court is approved by the court. After sending the legal notice it is not necessary to approach the court as many cases can be settled by mutual understanding between the parties. A legal notice serves the purpose of informing the other party in a written form that the sender of the legal notice intends to initiate legal proceedings against them. Section 80 of the Code of Civil Procedure, 1908, is the legal statute governing legal notice. An imperative point to keep in mind while filing a legal notice is that it can only be filed in civil cases. It is imperative to note that a legal notice has to be served by the complainant party to the defendant party personally and should not be served by any third party.

 

A Legal notice states the following Information; 

 

  1. The party sending the legal notice states the facts of the problem or grievance, because of which the legal proceedings are initiated, the facts are stated in a clear and precise manner to ensure that the defending party is made aware of the reason for taking legal action against him/her.
  2. A legal notice contains the method or pointers as to how the legal problem can be solved. 
  3. Name, place of residence, and a description of the complainant party or the party sending the legal notice should be clearly mentioned in the legal notice. 
  4. Lastly, it contains an alternative method of dispute resolution that the party, serving the legal notice, wishes to take recourse to.

 

The importance of drafting an accurate Legal notice

 

While serving a legal notice the complainant party has to ensure that it is properly and accurately drafted and the legal notice sent through the advocate of the defendant prepares for the case. The legal notices aren’t properly drafted then one can face the following problems;

  1. The party serving the legal notice incorrectly may be asked to reserve the notice;
  2. Also, lead to a delay in the court proceedings;
  3. A court order, which has been passed in favor of the party serving the legal notice may be declared revoked;
  4. Additional costs may incur the case and the party serving the legal notice incorrectly may be asked to pay that additional costs.

 

To sum it up

 

The party sending the legal notice may require legal assistance and may engage a lawyer for preparing the legal notice, though it is not mandatory to hire a lawyer for filing the legal notice. A legal notice is a simple document but it has to be thorough and precisely drafted to avoid any legal problems in the future. There is a set procedure, which has to be followed to draft an accurate and effective legal notice. Hence in the interest of the parties, they should hire an advocate, who can draft an accurate legal notice for them.

 

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