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Legal Notice

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23-Apr-2005
Eduman

 

what is Legal Notice?

 




Legal Notice is a legal statement sent to the challenger indicating that the aggrieved is preparing to file a lawsuit against the

concern in case the demand mentioned in the relevant notice is not fulfilled. So, legal notice can be defined as a formal communication to any person or a legal entity,

informing the other party of your purpose to undertake legal proceedings in opposition to them.

When you sent it conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.

Although a notice can serve as a purpose of negotiations between the parties and also save time, effort and money that are usually spent in court cases.

Various times, a notice served will bring the another party on heels, and the problem can get resolved out of court too,

with successful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start

the court procedures after a particular interval, as affirmed by the law.

Legal notice can be seen in various situations:


Consumer Forums:

 

Here, the Cases are relating to buying and selling of goods and services which turn out to be a damaged

product or service may lead to sending of a notice by the consumer to the seller to rectify

the deficiencies.




Property Matters:




Disputes that relate to property such as partition, succession, eviction or other issues relating to the

own of property may lead to sending a notice in case there is any violate or inconsistency between

the parties concerned.


Default In Repayment of Loans:




The debt recovery procedures under the Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Interest Act, 2002 (SARFAESI Act) begins by sending a legal notice to

the defaulter for recovery of payment.




Check Bouncing Cases:

If the cheque is dishonoured, the aggrieved party can send a notice for recover of payment as under

the Negotiable Instruments Act.



Recovery of Money:




In case of recovering money from a person a legal notice can be use as a successful tool used.

Employer and Employee Matters.

Any employee underprivileged of his or her salary can send a advocate notice to the employer for the

same.

Filing a Legal Notice

 

A legal notice, even though a simple document requires exactness and accuracy and use of specific

language to make sure the message sent across is correct. A legal expert or an agent can assist in putting

forth the legal notice as per law and wording it as requisite for the particular issue.


Procedure:

In first step, you need to draft a legal notice, with the issue, the relief sought and a definite time

  1. frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party and sent through a registered AD post.
  2. After sending the notice must save the copy of the receipt sent as this may come in handy in case of filing for the court case.
  3. Wait for a given period, before the filing of the court case.
  4. Now, the person or entity on which the legal notice India is addressed will have the above
  5. mentioned days to revert back with the notice or have the same opinion for out of the court
  6. settlement.

Although the other party may or may not reply to the notice, it is essential for a person on whom the

lawyer notice is addressed to send a reply within the stipulated time. If not replied to notice, one may

be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.


A notice can be sent personally too. One can draft a notice, and authorize it before sending it to the

other party. However, since wording, a notice is extremely important if the case reaches the court, and

citing of law under which you have raised the claim is essential, having an expert in law to make the

copies of the notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party.

 

format of legal notice<br />

Legal Notice for Recovery of Money

 

Legal notice for recovery of money is an official intimation between two people warning the other party

before any legal action is initiated to get their outstanding payment. Believe it or not, you can also send

a legal notice for recovery of money from an associate, in case he/she owes you a lot. To recover money from people who owe it to you, the purpose and significance of a notice for recovery of due becomes important.

online Legal notice for repayment of money can be filed for anyone from a dealer to an employee,

tenant, friend, company, bank, etc.

you may also like -  Bbmp Trade License

Documents Required for Legal Notice for Recovery of Money

 

The subsequent documents must be scrutinized while drafting a notice for recovery of money:Affidavit

of proof of money lent/owed to you

 

Any proof of money owed to you.

If recovery from employer, employment agreement that states the amount that your employer is to give you in exchange of your service.

 

Procedure for Legal Notice for Recovery of Money

 

There is no set procedure is applicable in the construction of a notice for recovery of money. However, a

notice must be drafted (format of legal notice) and signed by a lawyer.

 

For drafting of legal notice you can take help of lawyers of Tax Advisory

With all the required details/contents as mentioned above. Once the notice is drafted it should be

examined by the lender. It should then be sent to the accused. If no action is taken or no reimbursement is done within the number of days mentioned upon the notice, a recovery suit against the accused can be filed in the court having jurisdiction.

Format for Legal Notice for Recovery of Money


Legal Notice sample letter or legal notice draft



Legal Notice
 
 Dated ____, __________

 

REGD.A.D.

 

LEGAL NOTICE

 you may by aslo link-

E-NAGARSEWA: SHOP ACT OR TRADE LICENSE IN U.P.

 



To,

 

_____________

 

Dear Sir,

 

Pursuant to the instructions from and on behalf of my client ___________________, through its _____________, I do hereby serve you with the following Legal Notice: -

 

1- That my client is a ___________ firm/individual under the name and style of M/s ______________________.

 

2- That my client is engaged in the business of __________ of the ___ etc.

 

3- That against your valid and confirmed order my client did your job work from time to time on credit basis as you have running credit account in the account books of my client operated in due course of business.

 

4- That my client-raised bills of each and every work performed for payment, although you have acknowledged the receipt of such bills raised by my client.

 

5- That inspite of acknowledging the liability of payment of principal balance of Rs. _________/- you have been miserably failed to make payment of the said amount due to my client from you deliberately with malafide intent, hence you are liable to pay the said principal balance amount of Rs. __________/- alongwith interest @ __% p.a. from the date of due till actual realization of the said sum as is generally and customarily prevailing in the trade usages, which comes to Rs. __________/-

 

6- That thus you are liable to pay the total amount of Rs. ________/- to my above named client and my above named client is entitled to recover the same from you.

 

7- That my client requested you several times through telephonic message and by sending personal messenger to your office for release of the said outstanding payment, but you have always been dilly delaying the same on one pretext or the other and so far have not paid even a single paisa out of the said outstanding undisputed amount.

 

I, therefore, through this Notice finally call upon you to pay to my client Rs. __________/-. along with future interest @ __ % p.a. from the date of notice till actual realization of the said amount, together with notice fee of Rs. ____/- to my client either in cash or by demand draft or Cheque which ever mode suits you better, within clear 30 days from the date of receipt of this notice, failing which my client has given me clear instructions to file civil as well as criminal lawsuit for recovery and other Miscellaneous proceedings against you in the competent court of law and in that event you shall be fully responsible for the same.

 

A copy of this Notice has been preserved in my office for record and future course of action.

 

(____________)

 

ADVOCATE

How to reply to Legal Notice?

 

Format of reply to legal notice or how to send legal notice?


When you receive a legal notice, you need to respond to it in the specified period. Not responding in the

given period can be helpful for the addressee. You need to keep several things in mind after receiving a

notice:

1) Once you receive a notice, you need to examine it carefully to know the issue rose. If the issue is not fully understood, the help of a legal expert should be taken. 

2) If you have decided that you need to settle this in court you need to brief your side of the facts and concerns to the lawyer.

3) In the end, you need to draft and respond to the sender via post or courier.

 

Conclusion

 

as, a legal notice is the initial step towards recovery lawsuit, it is highly suggested that you should consult a

recovery lawyer. A lawyer has the required expertise and information to draft such legal notices.

The lawyer will be able to accumulate important information for the client and draft the notice a

ccordingly. For that reason, consulting an expert recovery lawyer is of primary importance in order to make sure that your legal notice for recovery is sent correctly, keeping in mind the possible litigation that may ensue.

 

Are you still worrying about where to find an expert lawyer? ... Do not worry about this as the

Team TAX ADVISORY includes CAs, CS and lawyers who will guide you in correct path and in attaining fair

dealing. You just need to contact us directly on 9193555055 or you can also visit www.taxadvisory.in.



Legal Notice


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