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Essentially, it is a message sent formally to the opposing party stating the aggrieved individual's intention to file a lawsuit if the outlined points in the notice are not fulfilled. It acts as a precursor to litigation- it acts to inform the other party of the grievance.
A legal notice usually issued by an advocate appointed by the victim, on behalf of his or her client, to demand a settlement. There are many cases informing sending a legal notice, for example:
- Property disputes like mortgage issues, builders delaying possession, tenant eviction, family property partition, and more.
- Termination issues such as terminating the employee, salary not paid, and more.
- HR policy violations on employees, sexual harassment in the workplace, resignation without notice, etc.
- Company notice regarding the delivery of low-quality products or services, negligent services, fraudulent advertisements, etc.
- Cheque bounce intimation to the issuer of cheque.
- Personal conflicts include divorce, maintenance, child custody, property sharing, etc.
How to Respond to a Legal Notice? in Answering a Legal Notice
Responding to a notice within the time prescribed is usually advisable; otherwise, it might favor the one on the other side.After receiving a legal notice, it is important to consider the following points:
- Reading Careful Notice: It is important to read the legal notice carefully so that you can understand what issues and concerns the other person has raised. If the recipient is certain that the concerns can be resolved amicably, such person should move for discussion without delay.
- Consulting an attorney: It is highly advised to seek professional advice from an experienced attorney if the contents of the notice are becoming puzzling. Keeping a record of the notice being received would also be helpful, especially if it were to escalate to court.
- Furnishing Information to the Lawyer: This is important. The recipient must provide all the necessary information regarding the facts related to this issue - place, time, and events - to the appointed lawyer. This information will help the lawyer draft an appropriate response presenting the recipient's perspective.
- Sending the Response: Sending the Response: After the response is drafted by the lawyer on behalf of the recipient, it goes out by registered post or courier. The lawyer keeps a copy of the response for future reference.
Consequences of Not Responding to a Legal Notice
If a person does not reply to a legal notice given to him/her within the time so specified, he/she will open his/her mouth to be sued in the appropriate Court of Law by the aggrieved party. The court would then order the respondent to appear in it and to answer the complaints raised by the opposite party.
Benefits of Sending Legal Notice- Notification: Legal notice serves the purpose of notice through which the person gets information about his liabilities and threats of nondischarge of obligations there from.
- Warning: The person was informed about the possibility of litigation and provided with an opportunity to correct the errors made.
- Dispute package: So both parties are given an opportunity to settle their dispute without judicial involvement.
- Mutual Settlement: A legal notice may, therefore, directly settle a controversy faster without loss of time and money, compared to litigation.
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Frequently Asked Questions (FAQs)
Legal Notice is a form of formal communication where legal validity is given to a person or an institution that there is an especial legal proceeding against him/it. A Legal Notice disseminates information concerning notice to the party on behalf of which it is issued, and then at later points in time and as far as the party is concerned-it may not be possible to plead ignorance at any stage in a court.
A Legal Notice is said to have a legal flavour and it has to be drafted in a proper manner. Therefore, it should be filed by an experienced advocate or legal person.
In a Legal Notice, all information concerning the particular happening or event may be written appropriately. However, it is well advised that such a Legal Notice be drafted by an experienced advocate so that no legal complications arise concerning the same.