Learn about the legal notice format and all the possible legal cases that can be solved through the issuance of legal notice in this blog. Let us show you how to draft a legal notice.
How to Get Legal Notice Format?
Let us understand how to draft a legal notice format. The formal declaration that warns an organization or authority about possible legal proceedings that may harm their interests or where one party can sue another party by issuing a formal declaration against them is called a legal notice.
It is essential to note down the correct legal notice format. Firstly, the person or organization producing the legal notice is the sender who mentions the target audience in the notice body, also known as the addressee. Mastering the art of how to draft a legal notice will help the sender successfully communicate the grievances against the concerned party.
Apart from stating the wrongdoings, there is sufficient attention to sharing the corrective measures the addressee can refer to for neutralizing their offensive behavior. The demanded correction is always time-bound, and the sender sets the duration under the jurisdiction. Legal notices ought to be taken seriously, or they may severely penalize the guilty party in the form of a penalty or even imprisonment.
Disputes lead to these adverse situations whenever any signatory members breach the policies or terms of an official contract. Law protects the interests of the sufferer organization or person in that case by lending him the authority to take legal charges against the offender in the form of a formal warning, i.e., legal notice. In judicial terms undertaking a legal step is defined as suit filing.
Now, as we have figured out the purpose of legal notice, it is necessary to understand how to draft legal notice. It must be structured so that it eventually expresses the course of rectification as desired by the sender. Sometimes the guilty organization can be forgiven if they carry out the corrective measures, but at times, declaration strictly demands their evaluation in front of the jurisdiction.
The sender must confirm whether the dispute falls under civil cases that are necessary to be addressed through legal notices if the terms are not met in due time or if any argument takes place between the two involved parties. The legal notice format is explained in detail in this article.
Modes of Issuing a Legal Notice
There is a set pattern of Legal Notice Document as it is a standard mode of communication. However, exchanging such notices has changed with the gradual advancement of time and technology. Professional firms, business entities, or governmental bodies transfer legal notices by either of the below-mentioned means.
- Traditional courier service
- Direct hand over
- Registered post
- Formal Email notice
- Speed post
- WhatsApp messaging
Content Shared Through Ideal Legal Notice Format
Knowing the fundamental content is essential for all wondering how to draft legal notice. These guidelines have been listed below:
- The sender’s full name, present address, and designation details have to be included. It is either he who is issuing the notice; otherwise, he must be a part of the organization that is forwarding this legal declaration.
- The addressee has to be duly mentioned within the legal notice format along with their current residential address. This is mandatory if the mode of transfer is taking place offline.
- The gist of the scenario is described in the Process for Legal Notice body.
- A remedy or preventive measure is sought following the legislation or official contract clauses. This action has to be taken by the addressee within a set period.
- A time limit is expected for a formal reply from the guilty party.
- It is an official statement. Therefore a professional lawyer signs the declaration after going through the summary.
- The official signature of the sender is also required before dispensing the notice.
Therefore, now we hope there is no complication regarding the query – how to draft legal notice?
Correct Approach to Drafting a Legal Notice
The sender must be aware of the correct approach while issuing a formal declaration in the form of a legal notice. These are the few steps he must be abiding by:
- Hire a lawyer: Legal notice can be sanctioned without the guidance of any professional lawyer. Thus it is recommended to choose an expert in this field who has sufficient experience in drafting a legal notice format.
- Detailed discussion: The game plan must be conveyed to the lawyer if any. Also, the details of the disputed case have to be shared with him in the first place. Also, it is expected that the lawyer shares adequate information about similar complaints involved with the guilty party in the past. He offers multiple ways outs to solve the case among the involved members.
- Necessary documentation: The lawyer must be trusted throughout the process, and any documents he asks for must be produced in front of him.
- Notice Drafting Format: Only legal terminologies are entertained in this kind of notice writing. The notice-generating body must convey complete information regarding the dispute and send a warning as desired by the sender, ultimately providing a mode of solution. The usual reply period is set as fifteen days or one month from the date of issuance.
- Signature requirements: Both the lawyer and the sender must sign the notice and keep a copy of it for future reference.
Things to Remember
These are a few points that are likely to enhance the effectiveness of the legal notice format:
- Avoid using abbreviations.
- Uppercase format should not be used in the notified body.
- Confusion-generating phrases like ‘at the end’ must be avoided if possible.
- The date must be placed either at the top or bottom. It can be either left or right-aligned.
- The subject is conveyed in caps.
- Simplified English is to be used. This must be followed by sufficient proofreading. Sentences should be short.
- Exaggeration of the matter is strictly discouraged.
- The lawyer and sender’s signature and designation have to be present.
Just like other forms of notice legal notice is also drafted following a definite pattern. The legal notice format should comprise:
- General content: It is the portion of the notice where the sender is required to put a brief description of his personal information. This includes his name, address, and relationship status with the addressee.
- Testimony along with a detailed explanation behind the issuance of the notice: The reason for the warning is vividly described in paragraph(s). The statements are short, and the information is to the point. Sufficient room is provided for the addressee to revert to this declaration with his set of proofs.
- The relief sought portion: It is the final paragraph that elaborately describes what needs to be done to resolve the issue.
When to Initiate a Legal Notice
Legal notices are drafted to settle both civil and criminal cases. State jurisdiction controls the entire procedure from issuance to execution.
- Property disputes are the most common scenario where two parties clash against each other when an issue arises involving ownership rights of particular land or accommodation. The dispute may arise between family members, tenants, house owners, constructors, previous custodians of the land, etc.
- Personal argument: The parties involved here are somehow related to each through a personal relationship like a child-parent clash, husband-wife clash, a dispute between brothers, etc. The legal notice is drafted when the matter cannot be solved through informal discussion.
- Customer complaints: Customers have the fundamental right to issue a legal notice against a product dealer or service provider if they feel that they are being cheated or deceived at any point in the transaction. False claims through ads can also generate legal charges against a company if the customer goes to court with proper proof.
- Complaints against staff: Companies stick to this legal notice format when an employee breaches any rules or policies that were communicated to them at the time of employment.
- Check to bounce: Section 138 of the Negotiable Instruments Act has enabled a citizen to complain about the cheque issuer if his payment stops due to a cheque bounce.
The legal notice has a set pattern. Anyone who decides to draft a legal notice must take advisory help from lawyers. The price can be as low as ₹500 and rise depending on the complexity of the dispute. Cheque bounce complaints can cost the issuer an amount of ₹5000. The real benefit of issuing a legal notice forces a mutual agreement.
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