Overview of Legal Notice
A legal notice is a notice sent by one person to another informing them that they intend to file legal action against the other person. A legal notice is normally sent when an act or inability to do an act has damaged the person.
For example, when a contract is broken, a tenant does not pay the agreed-upon rent, a right is violated, and so on.
Legal notice can also be sent to recover dues or money that has been promised. This is filed between two people and is a warning to the one withholding payment of dues. Legal notice for recovery of dues can be sent to an employer, friends, acquaintances or anyone who is withholding your money.
A legal notice is the first step in the legal process and helps the receiver know that legal action will follow if they fail to repay the dues.
Benefits of Sending a Legal Notice
- A legal notice warns that the due amount has to be repaid. It is sent to the person to remind them of their duties and obligations
- The opposite party becomes concerned that the offended party will take legal action after receiving a legal notice
- It makes the person aware of your grievance
- It serves as evidence in court that the opposite party was made aware of the complaints and disagreements in advance but that a resolution could not be achieved
- It can prevent costly litigation. It is not expensive to send a legal notice
- Conversational communication may not be as effective as a legal notice in obtaining the desired outcome
- There is added credibility in the sender’s claims.
Components of a Legal Notice
- Name and Address of the Sender: It is necessary as it acts as identification of the person who is asking for the recovery of dues
- Relationship of the Aggrieved and the Defaulter: This is an elaboration of the facts and instances of what happened
- Civil and Penal Consequences: This includes the consequences that may occur if the defaulter does not return the dues
- Details of the Monetary Relief: This includes the amount that needs to be recovered and more monetary relief if the aggrieved party has suffered because of the default.
Procedure for Sending a Legal Notice
Step 1: With the help of a lawyer from Vakilsearch, you can draft a legal notice containing all the necessary details.
Step 2: The attorney then appropriately prepares the notification, noting the purpose for delivering it, any prior discussions on the information cause, and giving the recipient a fair chance to discuss the situation.
Step 3: The notification will be approved by both the lawyer and the client. It is sent via registered mail or courier, and the confirmation is kept.
Statues to File a Case Against the Defaulter
The statutes to file a case against a defaulter depend on the type of debt and the amount owed. In general, the following statutes apply:
- The Indian Contract Act of 1872 applies to all contracts, including debts. The limitation period for filing a suit for the recovery of money under this Act is three years.
- The Negotiable Instruments Act of 1881 applies to promissory notes, bills of exchange, and cheques. The limitation period for filing a suit for the recovery of money under this Act is three years.
- The Specific Relief Act, 1963: This Act applies to cases where the creditor seeks specific performance of the contract, such as the delivery of goods or the performance of a service. The limitation period for filing a suit under this Act is 12 years.
The Time Period for Filing a Suit for the Recovery of Money
The time period for filing a suit for the recovery of money starts from the date on which the debt becomes due. For example, if you lend money to someone on 1 January 2023 and the loan is due on 31 December 2023, the limitation period for filing a suit for the recovery of the money will start from 1 January 2024.
What Should a Person Do if They Receive a Legal Notice
If you receive a legal notice from a creditor, it is important to take action promptly. The notice will usually specify the amount of money that is owed and the time period within which you need to pay it. If you do not pay the money within the specified time period, the creditor may file a suit against you.
Reasons to File a Recovery of Dues Notice
- Recovery of Rent: A landlord can send a notice for recovery of dues if the tenant refuses to pay the rent to the landlord
- Embezzlement: Instances where an employee steals from a company. After an inquiry, the company can send a notice for repayment of dues
- Bounced Cheque: In the case of bounced cheque the aggrieved can send a legal notice to the defaulter
- For Land Disputes: Legal notice for payment of dues may also be sent with regards to disputes related to mortgage, possession (delays or extension), and land disputes
- Industrial Usage: Furthermore, it can also be served to companies if they manufacture faulty and dangerous products, or provide illegal or bad services. It may also be filed against false advertisements
- Non-Payment of Dues: Legal notices for non-payment of dues are also commonly filed during family feuds, divorce settlements, and child custody cases.
Why Vakilsearch?
Vakilsearch will give you the best experience when you decide to draft a legal notice. Our experienced in-house professionals will guide you at every step throughout the process. Our lawyers keep your interests in mind and draft your legal notice per your needs. Our pricing is cost-effective compared to other legal platforms. All your queries will be resolved as we have a pool of customer support executives working round the clock.
FAQs on Send a Legal Notice for Getting Your Due Amount Today With Vakilsearch!
It is important to note that even if you have proof of the debt, there is no guarantee that you will be able to recover the money. The debtor may still be able to challenge the debt or argue that they are not liable to pay it.