There is a common mistake about legal summon, as most people cannot define what goes into them. While it’s always advisable to get a legal expert to create one out. You will also get to know what goes into drafting one.
All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is this process that legalisms bringing a matter to court. The intimation sent is known as a legal documents. A legal summon is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal summon served will bring the other party to heel, and the problem is often resolved out of court, well before it goes to trial, with fruitful discussions on both sides.
However, if the other party is still unheeding the grievance, one can always start the court proceedings after the prescribed interval as stated by law. The bottom line is that it can serve as a point of reference to embark upon negotiations between two parties and save both the time, effort, and money that is usually spent in court cases.
A legal summon is filed as per Section 80 of the Code of Civil Procedure, 1908, and is only filed in civil cases. A legal document is an intimation and thus carries the following information:
- Precise statement and facts relating to the grievance for which the action is to be taken
- Alternatives/relief sought by the grieving party
- A summary of facts, and
- The way it can be solved.
A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last part of the Legal should contain a detailed account of how relief can be obtained and/or the problem can be solved once the grievance is mutually agreed upon by both sides.
A perfectly crafted legal summon can act as a mediator between the two parties and help solve the issue out of the court if both of them are willing to compromise on the issue.
Notice must contain the following points:
- Name and required information
- Place of residence of the notice sender
- Aspects of the effect
- The form of relief claimed by the sender of the notice
- The gist of the legal basis for the relief claimed
Filing a Legal Document
A legal document, requires precision and accuracy and the use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal formate as per law and wording it as required for the particular issue.
Is Serving Legal Summon Mandatory?
Legal matters can be confusing, but one question many people ask is whether sending a legal summon is really needed. The answer is yes! Serving a legal summon is a crucial step in many legal situations. It’s like giving a warning signal before taking further legal action.
Let’s dive into this topic and shed light on why legal summon are so important.
A Demo About Legal Summon
Here’s a legal summon with a demo –
Imagine you’ve lent money to a friend, and they’re not paying you back. In this situation, you might want to take legal action to get your money back. But before going to court, you can send a legal summon.
It’s like saying, “Hey, I’m serious about this matter, and if we can’t resolve it, I might go to court.” This notice serves as a chance for the other party to respond and resolve the issue without involving the courts.
Best Practices on Sending Legal Summon
If you find yourself in a situation where you need to send a legal summon, there are some things you should keep in mind.
- First, be clear and concise in your notice
- Use simple language and avoid complex jargon
- Clearly state the problem and the action you expect the other party to take.
- Keep your tone professional and focused
- Additionally, it’s a good idea to send the notice through a registered post. This way, you have proof that the notice was delivered
At Vakilsearch, we’re not just about legal jargon; we’re about simplifying the legal process for you.
Similar to how legal summon act as a bridge to resolution, our services bridge the gap between complex legal procedures and everyday individuals. With our expertise, you can navigate legal matters with confidence.
Whether it’s sending or responding to legal summon, we’ve got you covered!
Legal Summon Format
A legal summon follows a specific format. It typically starts with the sender’s name and address, followed by the receiver’s name and address. The subject line should clearly state that it’s a legal summon.
The body of the notice explains the issue, the facts surrounding it, and the action you expect from the receiver. Finally, the notice should end with your name, designation (if applicable), and contact information.
- The first step is to prepare a legal summon, with the issue, the relief sought, and a definite time frame (say, 30 to 60 days) to solve the issue, to be addressed to the other party and sent through registered AD post
- After sending the notice, save a copy of the receipt sent. This may come in handy in case of filing for the court case
- Wait for the stipulated period before filing the court case
- Now, the person or entity on whom the notice was served will have the above-mentioned days to reply to the notice or opt for an out-of-court settlement.
Even if the other party were to ignore a legal summon, it is essential for the aggrieved party to open up grievances through the medium of legal formate. If the other party were not to reply to a notice, they are likely to be at a disadvantage when appearing in court.
The legal draft can be sent personally too. One can write a legal summon and authorize it before sending it to the other party. However, since wording and legal format is extremely important if the case reaches court, and citing the law under which you have raised the claim is essential, having a legal expert prepare your legal summon will work to your advantage.
The same applies to replying to a Legal summon too, since here too one may not know the appropriate law to be used to respond to the claims demanded by the other party.
Can I refuse legal summon?
Yes, you can refuse a legal summon, but it's not the best move. If you ignore a legal summon, the sender might take further legal action against you. It's better to respond to the notice and try to resolve the matter amicably.
What happens if I don't reply to a legal summon?
If you don't reply to a legal summon, the sender might go ahead and file a case in court. This can lead to legal complications and might not be in your best interest.
What is the next step after legal summon?
After receiving a legal summon, you should assess the situation. If the claims are legitimate, consider responding and trying to resolve the matter outside of court. If the claims are baseless, you can send a reply stating your stance and providing evidence to support it.