A legal notice
Legal Notices- It is a formal communication to a person or entity informing them about the intention to undertake legal proceedings against them. It is simply an intimation, information, knowledge or attention etc. it serves as information to the other party to ensure that they are aware and cannot plead of ignorance at any future date in court of law. Legal notice also adheres to the basic principle of natural justice and a legal right to information. Hence, it is advisable not to get panic on receiving such a legal notice and should consult an expert lawyer.
Purpose of serving a legal notice
The basic purpose of serving a legal notice is to display the intention of initiating legal proceedings. The idea is to give the opposite party and opportunity to reconsider for his legal position and
to make amends or afford restitution without recourse to court of law.
The contents of a legal notice and who can draft a legal notice
The content of a legal notice in India are as follows:-
Details of the parties like name, address, contact information, problems faced or loss suffered by the sender of a legal notices. The remedy sought from the person on whom such legal notice has been served and to cover the losses. Action of inaction of the receiver upon intimation of problem
the legal action that will be taken in case the remedy is not provided by the receiver.
A legal notices must adhere to laws and regulations laid down by the statute. Laws regulating notice are of procedural nature, therefore, requires more vigilance and care while drafting a legal notice. Ignorance of the law is not an excuse hence, a legal notice should be drafted by an expert litigation advocate carefully.
The limitation period for a reply to the legal notice
The limitation to file a reply to a legal notice varies from case to case basis, ranging from 15 to 30 days in case of dishonour of cheque or consumer complaint it can go up to 45 days or any number of days as stipulated in the notice
or the statute under which such legal notice has been served.