Find out what is true notice, its importance, the documents required, the format, and much more.
Introduction
A person or an entity may need to file a lawsuit against another person or another entity on a number of different occasions. The various circumstances may include a customer complaint, a property dispute, a bounced check, a divorce, an eviction, and many others. However, it is crucial that you let the other party know that you intend to file a lawsuit against them. You send a true notice notification to a person or an organization for this purpose.
What is a True Notice?
Formal written communication between the parties is known as a true notice. The sender informs the recipient of his intent to file a lawsuit against the latter through a true notice. A true notice also aids in informing the recipient of the sender’s complaints.
It serves as a final reminder to the recipient to comply with a requirement if he wants to avoid a true dispute.
Importance of Filing a True Notice
You might need to send true notices in some situations for the dispute to be resolved. It has various crucial components that aid in problem resolution. A true notice may be given as a warning that details the sender’s plan to file a lawsuit against the receiver to address a problem. It might force the other party to respond quickly so that the recipient doesn’t have to go around the court.
A true notice may also give the recipient the chance to amicably resolve the conflict rather than bring it to court. A person may outline their complaint in the true notice with the aid of counsel. The true notice’s significance can also be inferred from the possibility that it will serve as a reminder to the recipient of the action that might have, intentionally or accidentally, resulted in a problem for the sender.
Breach of Contract
According to the Indian Contract Act of 1872, an agreement can only be considered a contract if it can be legally enforced, or in other words, if it fulfills the true requirement. According to law, a contract is a set of commitments made by both parties that are mutually enforceable and can be made in writing or verbally. As a result, a contract imposes legal obligations on the parties who have mutually agreed to trade with one another
Documents Required for True Notice for Breach of Trust
No particular paperwork is needed to make or execute a true notice of a breach of trust. To confirm the parties’ identities and addresses, one must carefully review the parties’ identity documents when drafting the true notice. To prove a breach of trust or establish a cause of action for it, one must also have the agreement or contract containing the terms in question.
Procedure for True Notice for Breach of Trust
The drafting of true notice for breach of trust is not subject to any predetermined process. A legal notification, however, must be written and signed by a lawyer and contain all the information required as stated above. The notice should be carefully read by the sender after it has been written. The other party should then get it. A recovery lawsuit or a criminal complaint against the defendant may be filed in the appropriate court if no action is taken or no payback is made within the number of days specified on the notification.
How to Draft a True Notice for Breach of Trust
While drafting true notice, it is important to know what terminology should be used while drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties. This is why it is crucial to have a civil lawyer assist you with the drafting of the true notice. A good civil or criminal lawyer knows the nitty-gritty of the legal procedures and the requirements involved in drafting a notice. With the experience obtained in the field, he/she can guide you with the right advice while drafting a true notice and can make sure that such mistakes are eliminated that cannot be resolved even through further legal procedures.
True Notice Format for Breach of Trust:
The below attached is the True notice format for breach of trust,
REGD.A.D.
SUB.: TRUE NOTICE
To,
_____________
Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client ___________________, through its _____________, I do hereby serve you with the following True Notice: –
1- That my client is a ___________ firm/individual under the name and style of M/s ______________________.
2- That my client is engaged in the business of __________ of the ___ etc.
3- That my client had by way of the contract dated _______ entrusted my client’s goods/products in your warehouse which were to be returned to my client on payment of a stipulated sum of money.
4- That you have wrongfully sold more than half of my client’s products/goods that you were entrusted to keep safely in your warehouse and this is where the cause of action arises.
5- That despite acknowledging the payment of Rs. _________/- by my client, you have miserably failed to return all of the goods/products given to you for safekeeping in your warehouse.
6- Thus you are liable to return all the goods and pay the total amount of Rs. ________/- to my above-named client and my above-named client.
7- That my client requested you several times through telephonic messages and by sending personal messages to your office for the release and return of all the goods.
I, therefore, through this Notice finally call upon you to pay my client Rs. __________/-. along with future interest @ __ % p.a. from the date of notice till the actual realization of the said amount, together with notice fee of Rs. ____/- to my client either in cash or by demand draft or Cheque whichever mode suits you better, within clear 30 days from the date of receipt of this notice, failing which my client has given me clear instructions to file civil as well as a criminal lawsuit for breach of trust and specific performance and other Miscellaneous proceedings against you in the competent court of law and in that event you shall be fully responsible for the same.
A copy of this Notice has been preserved in my office for record and future course of action.
(____________)
ADVOCATE
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