Abhijit Mishra
Published on: 17 October 2022 at 10:04 IST
The law provides many options in order to get your issue resolved in the easiest way. These issues can be related to property disputes, consumer complaints, divorce, evictions, intellectual property, etc.
Therefore, a legal notice is sent informing the other party regarding the intention of the aggrieved party; it can be seen as a last warning too, to either do the desired act or amicably settle the matter. The article provides the reader with a general overview of the structure, contents, and information that must be included in a legal notice.
A Legal Notice is a written document that should disclose the matter concerning something that has caused damage to the sender due to the action or omission of the recipient party. The constructive of legal notice depends on both skill of advocate and the gravity of facts mentioned therein. It should contain all the necessary facts and a warning of possible court case initiation on non-adhering to the terms of the sender.
- Introduction
A legal notice is a formally written document which should contain the correct details of the sender and the recipient. It should contain the name and address of the sender on whose behalf the legal notice is being sent.
Always ensure that you introduce your client and respectfully inform him that the Legal Notice is issued under his authority.
- Cause of Action
After the introduction of the client, the next step is to explain the cause of action, the actual reason behind sending the legal notice. Here, it is important to draft the notice carefully, stating all the facts, because once sent, it cannot be amended.
The other part which is needed to keep in mind is that the cause of action must be directly related to the action or omission of the recipient.
- Describe the Issues / Troubles caused by the actions of the Recipient
The counsel drafting the legal notice needs to mention all the relevant details related to transactions done, problems arising in business or any damage caused by the actions or omissions of the recipient to your client.
It is necessary to summaries the whole thing in no more than 2 paragraphs. The details should be precise and accurate, otherwise the legal notice is liable to be dismissed in the court of law.
- Describe the Potential Liability for the actions of Recipient in Criminal or Civil
The next step is to enlist the legal liabilities arising from the actions of the recipient. It is important to note here the potential criminal and civil liability that the recipient may face as a result of his actions and conduct.
The notice shall mention the provision of law under which the sender can take action against the recipient.
- Ensure to Offer for Alternate Remedy
The legal notice should also mention the legal remedy available to the recipient. It is important for aggrieved party to offer a alternative dispute resolutions mechanism which allows recipient to settle the matter outside the court, thereby saving time and money.
The advocate can on the basis of the seriousness of the matter may mention the time period on behalf of the sender. He may request that the demand be fulfilled or a response within the prescribed period.
It shall also give opportunity to recipient for saving his reputation and dignity as well as the clients problems are resolved as well.
- Closing remarks without any Threats
After the mention of provision of law under which the aggrieved party is taking action against the recipient. The ending remarks must be such which point towards sender good intention to make the last bit effort to settle the matter.
As it’s been said that, “Threats Never Works”, hence sender must be modest and passive. It is essential as it will help in dodging the arise of potential conflict. It is overall in the best interest that the Recipient is inclined find mutually beneficial ground. The closing remarks must be persuasive towards solution. The notice shall be signed and stamped by the advocate who is sending it on the behalf of the sender.
The drafting of legal notice to the initiation of a formal suit in court may possibly lead to a settlement without any costs. Legal notice writing is crucial because it determines whether the other party will be open to settlement talks or not.
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