Importance of legal notice
The concept: -
What should someone do when he/she has been deprived of his/her rights?
What if someone does not repay the pre-decided amount after completing a contracted task?
Does he/she need to go to court in terms to file a lawsuit?
Of course, yes. But we all know how court proceedings take place in India. We know how much time it consumes and how much money must be spent through these trials.
So, what is the way out?
Today we use the way of settlement. We prefer negotiations, arbitrations etc. but what if these things also don’t get you the desired results?
This is the when the legal notice comes to use. It works as a medium to convey your intention to the party you want to sue for the breach of your contract, trust or deprivation of your rights.
Meaning of legal notice: -
A legal notice is simply a notification. A notification from the aggrieved party to the defendant (from whom the remedy is asked for) stating that the aggrieved party wants to take a legal action against them in terms to restore their rights.
The legal notice is not just a notification of intention to take legal proceeding, but it works as a provider of opportunity to make a settlement out of the court. This way saves a lot of time and money spent in court proceedings. It leads to a fruitful settlement.
Despite a legal notice, if someone doesn’t agree upon settling the matter out of court then one has the way to go through the legal procedure as well.
It needs to be mentioned that a legal notice is always drafted in a civil case and it comes under the purview of section 80 of Code of Civil Procedure, 1908.
Structure of a legal notice: -
Now the point is- how is the skeleton of a legal notice formed? What things should a legal notice contain?
Firstly, the legal notice contains a detailed description of the whole matter. It explains the reason to take the matter up to the court. All material contents and aspects should be mentioned.
Secondly, one should refer the remedy he wants in the notice.
Thirdly, the legal ground upon which the remedy is demanded.
Fourthly, the time, one has given to the defendant to reply to the notice or one needs to mention the time given to settle the matter by fulfilling the demands.
Why hire a lawyer for a legal notice?
Forming a legal notice is a not a very critical job. One can draft a legal notice by himself, but the critical thing lies in the way it is formed.
• In a legal notice, you must select the words very carefully. You don’t know the legal meaning of the simple words that you use regularly in general sense.
• You need to mention all the concerning material facts. You cannot afford a fact not to be mentioned which, if the case begins in the court can turn the wind in favour of you.
• You are not aware of the laws. So, it is not very easy for you to mention the laws upon which you are taking the action against the defendant. You need to mention the provisions. It is an essential thing.
• Facts mentioned cannot be denied later if the case begins in the courtroom. You cannot make contradictions with the mentioned facts and aspects in the notice. Changes in the description in the notice are not possible.
• Similarly, one does not know how to prepare a reply to a legal notice. One lacks the knowledge of technicalities in both cases. Technicalities like providing the essential facts, time to reply, remedies needed etc.
These are the reasons that one should always go for a legal expert while drafting a legal notice. A legal expert helps in all these above-mentioned aspects. Get Best Lawyer For Legal for replying or sending legal notice in Bangalore
Consequences of not replying to a legal notice: -
It is not counted as an offense if one does not reply to a legal notice but there are few consequences: -
• If a person doesn’t reply to a legal notice then it would give an additional advantage to the aggrieved party when the case begins in the courtroom.
• If the legal notice has been severed without sufficient basis of the cause of action then at this kind of state a proper and accurate reply to the legal notice would help the defendant preventing annoyance. Not doing so can cause him inconvenience of vexatious legal action.
• Not replying to a notice is equal to losing a chance to resolve the matter out of court and avoid the sufferings of a court proceeding.
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