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Overview

    Legal Notice

    A Legal Notice is essentially information or intimation during a clear and unambiguous language that an individual or entity sends to a different person or entity to try to or to not do certain acts failing which the sender of the notice would take legal redress. In simple words, it's a proper communication where you tell the opposite person whom you plan to require action against him or her. it's a step before you file a lawsuit.

     

    What do you understand about legal notice?

    A legal notice may be a formal written language between the parties. Through a legal notice, the one-party notifies to the second party about his motive of undertaking legal proceedings against the latter. A legal notice also helps in making the receiving party conscious of the grievances of the sender.

     

    It works as a final warning to the receiver to satisfy a particular condition if he doesn't need a court battle.

    it's utilized in a good sort of situations,

    For consumers: just in case, a faulty product or service is provided to an individual he or she will send a legal notice to the merchandise or service provider and ask him to rectify the deficiencies.

    Disputes associated with property like partition, eviction, or issues concerning possession of the property.

    Loan Defaulters: Under the Securitization and Reconstruction of monetary Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), the debt recovery proceedings begin by sending a legal notice to the defaulters.

    Cases under the Negotiable Instruments Act: just in case of dishonor of cheque, the aggrieved can send a legal notice for recovery of payment.

    Money Recovery Cases: the primary step in money recovery cases is sending a legal notice to the concerned person.

    Employee and Employer/Company: If the employer in any way deprives the workers of their salary, then the worker can send a legal notice to the employer.

    It is a tool to save lots of time and price of litigation because it opens the door for the parties to settle the matter through negotiation, mediation, or arbitration.

     

     

    Matter involved in Legal notice:

    In a legal notice must fulfill all the relevant information. A legal notice is a component of only civil cases. only in civil cases can the parties decide or settle the matter outside court whereas, in criminal cases, it's the state which brings the action against the wrongdoer.

    A legal notice has different importance for both the sender and therefore the receiver.

    The one-party sends a legal notice to speak his grievances and to hunt appropriate remedy.

    Through the notice, the second party gets to understand the grievances of 1 party. The receiver after receiving the notice can take appropriate action to deal with the sender’s grievances and thus can avoid litigation.

    This is why it becomes all the more important that a legal notice has all the required information.

    The legal notice will have the subsequent essentials:

    • The name and address of the sender, and

    • Cause of action, and

    • The specific amount claimed by the sender, and

    • The legal basis for the relief, and

    • Signature and stamp of the Advocate who is sending the legal notice.

    Type of Legal notice:

    1. Tenant eviction notice

    2. Company notice

    3. Cheque bounce notice

    4. Consumer dispute notice

     

    Advantage of legal notice:

    Nowadays, courts are overburdened with cases. due to this nowadays, litigation is that the pis aller for anyone who wants to possess a fast solution to his problem.

     

    A formal proceeding may be a very slow and dear process. this is often why before filing a suit, one should file a legal notice. it's important to file a legal notice due to the subsequent reasons:

     

    Through a legal notice, the plaintiff can convey his grievances to the recipient during a detailed manner.

    The receiver of the notice can address those grievances to save lots of himself from a proper proceeding .

    The matter are often settled outside the court without stepping into the effort of litigation.

    The legal notice gives a chance for parties to settle their dispute through Alternative Dispute Resolution mechanisms.


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