There are instances when a person or an entity feels that their legal right has been violated by another party. In such cases, a legal notice can be served upon the other party where the grievances are specified and the remedies are demanded. It is a final chance given to the other party to resolve such grievances and settle the matter amicably without approaching the court.
Benefits of a Legal Notice
- It provides one last chance to resolve the issue outside the court which saves time as well as money for the parties involved.
- It serves as a final warning and clarifies the intention of the sender to initiate legal proceedings in case the demands are not complied with.
- It clearly lists out the grievances of the sender. This at times can lead to an easy resolution when the whole dispute arose due to misunderstandings of the facts of the dispute.
- In some cases, it also renders the party free to resort to alternate methods of dispute resolution like arbitration, mediation and conciliation.
- It serves as a proof in Court that the other party was notified of the grievances and disputes beforehand but a settlement could not be reached.
- It is mandatory to send a legal notice before filing a lawsuit for certain offences.
Some examples of incidents where legal notice can be served
- A tenant did not pay rent for three months. The tenant can be served a legal notice by the landlord asking him to pay the rent.
- If a mobile company has overcharged you for repair services and refusing to provide the refund, a legal notice may be served to them asking them to refund the excess amount and also pay the damages for harassment.
- An employer refused to pay wages to his employee. The employee can send a legal notice to the employer asking them to pay the wages and compensation for any other damage suffered.
Acts under which it is mandatory to serve a legal notice
There are two provisions under Indian law which mandate the sending of a legal notice before the court proceedings are instituted:
- Section 80 of the Code of Criminal Procedure (CPC): It mandates that a legal notice is to be sent to the Government or a Public Officer with respect to any act done in official capacity. A lawsuit can be filed only after expiration of two months after the delivery of the legal notice.
- Section 138 of Negotiable Instruments Act: This section is applicable in the cases of dishonour of cheque. The notice is to be issued to the drawer within 15 days of the dishonour of the cheque. In case, no payment is made within 15 days of the receipt of the notice, a suit must be filed before the magistrate within 30 days after the expiry of the 15 day period after sending the notice.
What to do in case you receive a legal notice?
- Go over the notice and consult a lawyer to understand the contentsand the potential implications of the notice.
- The lawyer may advise you to reply to the notice and resolve the dispute or to contest the notice with a reply if the facts stated are false. In case the notice is frivolous and does not need to be replied to, the lawyer will advise you the same and a record of the notice will be maintained.
- The lawyer can provide you with legal advice (Hyperlink to legal advice section) and their services if a case is instituted against you.
Why choose All Sol Pro for sending Legal Notices?
- We have a dedicated team of qualified legal experts adept at sending out legal notices.
- The final document undergoes a thorough review process before it is sent out.
- The notice is first shown to the client and every suggestion made by the client is taken into consideration. The notice is sent out only once the client approves it.
- We maintain complete confidentiality – The information you provide to us stays secure and is not shared with any third party without your consent.
- Quick turnaround time and commitment to deadlines.
- Compensation for any delay caused on our end.
- Efficient and responsive customer service.
The charges for the opinion depend upon the needs of the client and the nature of the issue or transaction involved. The charges shall be reasonable and competitive. They can be paid via (add modes of payment). The detailed charges will be provided to the client once the issue has been understood by our team.
What People Are Saying
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Working with All Solutions Professionals has been a wonderful experience. Their quick turnaround time and accurate legal research has helped me progress in my professional career.
I was very apprehensive about purchasing a new property from a builder in Punjab. I had seen a lot of people who got into legal issues after buying property at a cheaper price. All Solutions Professionals carried out a proper review process, procured all the legal documents which allowed me to carry out the purchase easily without fear.
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