A legal notice is a formal communication or intimation that a person sends to another to inform them about their intention to initiate a lawsuit against the other person. This is done to bring to light about the violation of rights of the sender by the other person and it makes the sender eligible to file a lawsuit.
Legal notice is sent only in civil matters, whereas in criminal matters, the court sends a summon or warrant. Legal notice is the first step towards a legal proceeding and comes under Section 80 of Civil Procedure Code 1908.
The sender of the legal notice is called Plaintiff. The receiver of the notice is called Addressee or Respondent.
Sending a legal notice does not necessitate a lawsuit. If the respondent responds to the notice in time, you can have out-of-court settlement or negotiation.
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Legal notice is only a warning that a legal action can be taken against the respondent, if he/she does not comply by the demands of the plaintiff, who has been aggrieved by the respondent through breach of contract or violation of rights.
A legal notice can pave a way to negotiation or settlement without going to the court. This can be time-saving and money-saving for both parties. If there has been a misunderstanding, then the parties can resolve amicably and no litigation is needed.
It gives the respondent a chance to correct their mistake and to become aware that their actions have aggrieved the other person. Many times, the other party may not listen to you and continue to violate your rights. A legal notice can make them rectify their errors, as they will fear that legal action be taken against them.
Legal notice also serves as valid proof for the plaintiff in the future about the respondent’s wrong deed and that the respondent was approached by the plaintiff before going to court.
The best thing to do when you receive a legal notice is to accept it first and then contact a lawyer. Through legal assistance, you can reply to the notice properly. Please do not ignore a notice, as this would unnecessarily send you into a legal trap and the other party would take legal action against you. Your lawyer will give you the best advice on how to proceed further.
Anybody whose rights are violated can serve a legal notice in India. Make sure that the notice is properly drafted otherwise it has no relevance and would only weaken your case. Always take help from a legal expert to draft a notice.
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