A final warning before things go downhill is always a good sign of showing that you do not want to sever a business relationship completely.
In the case of a cheque bounce, it is mandatory to send a legal notice to the issuer of the cheque within a time frame of 30 days from the date of the cheque bounce.
Legal notices are sent in civil matters like a violation of the agreement, marital issues, negotiable instruments, etc. It is a great way to save time and money while giving the parties a chance to resolve the issues. When facing a dispute or breach of contract, one of the first steps to take is to send a legal notice to the other party.
The fundamental purpose of a legal notice is to provide the opposite party with an opportunity to settle the disagreement without going to court and to find a simpler solution to recompense the aggrieved party for their losses.
In many situations, a legal notice functions similarly to an ultimatum. A notice is usually a written document sent to a person or entity to warn them of their missteps against you and to request a remedy, the refusal of which will result in legal action against them. In this blog you’ll know when to send a legal notice.
The first step in the civil legal procedure is to send a legal notice in India. A legal notice can be issued against any person or a firm by anybody whose legal rights have been violated or who has suffered legal harm as a result of the actions of a third party.
The Validity of a Legal Notice:
A legal notice is something that is only used in civil disputes. A notice cannot be issued for a criminal suit because a criminal action is brought by the state against the perpetrator, and hence no legal notice is required in criminal proceedings.
When preparing to file a civil complaint against the state, it is also necessary to serve a legal notice to the government. However, the notification must be served prior to the suit, and only then can you sue the state.
Section 80 of the Code of Civil Procedure,1908 also allows for the issuance of a legal notice against a public or government officer who violated the rights of the issuing party while on the job.
The provision, however, limits the timeframe to file the suit to two months after the incident occurred.
Need for Legal Notice
- It provides a clear-cut image of the sender’s intention to start a legal proceeding to resolve their issue and avail the appropriate remedies
- Serving a notice always gives an opportunity for the parties to cordially resolve the dispute without interference from the court
- It acts as a reminder to the receiver about the damage that occurred due to their actions irrespective of whether it was done intentionally or unintentionally
When Can One Send a Legal Notice?
There could be a variety of reasons to send a legal notice to a person or an entity. A few of these are as follows:
- Notice served to the employee by the employer for violation of any terms mentioned as per the employment contract, sexually harassing a co-employee, violating the HR policies of the company, abruptly walking out of the job without prior notice, etc.
- Sending a legal notice is a formal way to communicate your legal position and intentions, and it can help avoid unnecessary litigation.
- Notice to the employer for unpaid salary, violation of the employment agreement, termination without reasonable cause, etc.
- Notice issued against the issuer of a cheque when the cheque bounces.
- For disputes related to property such as ownership disputes, mortgage, eviction of occupants, etc.
- Notice to a family member for personal issues such as divorce, child custody, inheritance disputes, etc.
- Notice to manufacturing companies complaining about the delivery of faulty products or providing faulty services, etc.
Pointers for Serving a Notice:
- If you do not have prior experience in drafting a legal notice, it is always advisable to hire a civil lawyer from Vakilsearch to draft the document for you. This is crucial as the notice must be drafted on a lawyer’s letterhead
- Once the notice is sent out, there is no turning back because there can be no changes made after that. Hence all details of the legal damage caused and the necessary information of the receiver must be mentioned clearly
- Ensure that all related documents are also gathered accordingly way in advance
- Note that the legal notice can either be sent physically or through online modes
- A stipulated time frame of 30-60 days must be provided for the receiver to respond to the notice
- The notice must be drafted in such a way that the receiver will have no other option than to submit to the terms of the sender, in order to prevent the process of a lengthy a legal proceeding
- The requisite facts and expected remedies must be precise and accurate to the point that the receiver cannot deny it. The legal aspect; i.e. the laws under which the remedy is being claimed, must also be elaborated clearly
- In case of a cheque bounce, the legal notice must be served within 30 days of the date that the cheque bounced. A legal suit can be filed if there is no repayment of the money after 15 days of serving the notice
- If the party fails to comply with the agreed terms, it may be necessary to send a legal notice to protect your rights and interests.
Though a legal notice is not mandatory to be served for all cases, lawyers, however, send it in with the hope that the dispute gets resolved without having a court proceeding. Sending a legal notice is a way to establish the sender’s intentions and provide the receiver with a final chance to come to a consensus about the issue at hand without the interference of lengthy court proceedings.