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How To Draft A Perfect Legal Notice

Legal notice is a formal letter sent by a person through its counsel asking the address/receiver of this to discharge his legal liability towards the sender of the letter such as payment of the due amount, compliance of the terms of the agreement etc. A legal notice is issued as the sender wishes to give a final opportunity to the receiver prior to initiate legal proceedings against him. <br>

VikasBansal
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How To Draft A Perfect Legal Notice

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  1. How To Draft A Perfect Legal Notice

  2. Legal notice is a formal letter sent by a person through its counsel asking the address/receiver of this to discharge his legal liability towards the sender of the letter such as payment of the due amount, compliance of the terms of the agreement etc. A legal notice is issued as the sender wishes to give a final opportunity to the receiver prior to initiate legal proceedings against him. Generally an advocate on behalf of his client and acting upon his instructions issues a legal notice asking the receiver of the notice to clear all his liabilities or to perform his part of obligations as per the agreement between them or warn the receiver to do or not to do any act.

  3. Some of the key point which needs to be kept in mind while drafting a legal notice are as under: a. Address & Title: A legal notice must contain the complete and correct address of the persons to whom it is addressed so that it may successfully delivered to them. Secondly legal notice must contain proper title such as ‘Legal Notice under section 138 of Negotiable Instrument Act’, ‘Notice under section 433 of Companies Act for winding up’. b. Facts: A legal notice must contains the complete facts of the matter in dispute so that the other party cannot take plea before the court that same are after thought and the complete and true facts are not narrated before the court.

  4. It should clearly spell out the matters which forced the sender to take this extreme step of issuing legal notice. It states in complete details about the violations and/or breach committed on the part of the receiver. c. Demand: A legal notice must contain the details of the demands of the sender of the notice as what he wants from the receiver of the notice or what he expect the receiver to do or not to do. Secondly legal notice should mention a reasonable time to be given to the receiver to comply with the demands of the sender or such time period as may be specifically prescribed in the statutes (e.g. N.I. Act etc.), so that the receiver may comply the demands.

  5. Further in a legal notice there must a clear warning be given to the receiver to the effect that if the demands of the sender are not fulfilled or complied with then the sender will initiate appropriate legal proceedings against him in the court of law. d. Consequences: A legal notice must contain the consequences or action that may follow in case the demands are not met in time. Kindly note that above are indicative only and depending upon facts, circumstances and objective of each case, the language of the notice may gone change.

  6. Further the practice of issuing legal notice differ from person to person and from one state to another state so there is no single rule of thumb of what should contain a legal notice. All depends upon peculiarities of each case and should be dealt accordingly. To know more about Legal Notice format, be sure to check out this site.

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