Table Of Content
- What Does Legal Notice Mean?
- In what cases you can or cannot send the Legal Notice?
- Benefits of Legal Notice
- What Legal Notice includes?
- How much does it cost to send a Legal Notice?
- Can I send a Legal Notice without an Advocate?
- Can I send a Legal Notice on WhatsApp and will it be considered Legal?
- What if someone doesn’t reply to a Legal Notice?
- How many times a Legal Notice can be sent?
- What Section 80 CPC of 1908 depicts?
Throwing away the statement ‘I’ll see you in court’ might be easy but in actual fact no one wants to get caught up in Legal matters for sure! Thinking about battling over a small dispute in court can lead you to a huge financial loss. Therefore, choosing Legal Notice over court is what smart people would do, right?
A sorted Legal hierarchy is what we as a citizen of a country want so that all Legal matters are resolved in a simpler way and we’re proud to say that the Government of India has given this to us. A person tangled in a dispute either over a money matter or employee/employer dispute can directly send a Legal Notice to the recipient party beforehand so that the matter is resolved within themselves only and taking it to the court is avoided. Since the Law works on the facts that are presented in front of them. One wrong fact can lead to tremendous damage to both the parties. Now what a Legal Notice represents?
What Does Legal Notice Mean?
The word Legal Notice by advocate means a written Legal warning by the sender to the recipient to notify that if the disputed matter is not resolved within the given time frame then he/she will take matters to the court while filing the case. Where the court interference is needed in the matter to get it resolved in which huge financial loss will have to be borne by the both parties once the case goes in the court. So it is better to resolve it beforehand.
In what cases you can or cannot send the Legal Notice?
The most important point of a Legal Notice in India is that it only covers the civil disputes of the public. No criminal records can be put under the Lawyer notice. So if your case is related to any money fraud or divorce then you can send a Legal Notice. Whereas cases such as murder and theft do not come under this. The actions are rigid when the case is taken to the court.
Benefits of Legal Notice
An advocate notice has it’s number of advantages which are as follows:
- By sending a Court Notice to the other party instills fear in them. It psychologically sabotages them because no one would expect a Legal Notice and even thinking about going to a Court will make them more worried;. This helps in resolving the matter early cause no one wants to face the headache of long proceedings of the court.
- Every single individual in India prays that they never have to visit court for anything. So they would avoid doing such activity as well. In these cases receiving a Legal Notice in a form of warning would eventually want them to settle things ahead of the time period than meeting the sender in the court.
- Another merit of Legal Notice in India is that when the sender takes help of the advocate to draft the Legal Notice then his scattered thoughts are collected and eventually can be drafted as per certain Legal acts without missing any point.
- The most important merit is that it serves as evidence in the court. If matter stretches to the court then you can use the Legal Notice as an evidence to win the case. However, please note that the content of Legal Notice in India cannot be changed in any manner if the same has been brought into an action.
- Lastly, Legal Notice is a cheap way to resolve disputes in comparison to the court case. Becuase it involves hefty Court and other necessary charges.
What Legal Notice includes?
A Legal Document like Legal Notice by an advocate includes the information regarding the sender, recipient and the whole matter. Which we will be discussing below, majorly the contents of the Legal Notice:
- The Legal Notice gets prepared on the ‘Letterhead of Advocate’. Wherein the information about the Advocate i.e. Name, Designation & Address is mentioned.
- Then the ‘Mode of Sending the Legal Notice’ to the recipient is mentioned. For example : If the Sender is intent to send the Legal Notice via Email/Whatsapp/Courier then all such modes shall be mentioned.
- Below that comes the ‘Recipient Details’ such as name, address, email, contact number along with the ‘Issued Date’ on which the Legal Notice by advocate is issued.
- Then comes the ‘Subject’ known as title normally. Which describes the whole matter in one liner.
- Then the whole matter is laid down by the Advocate in the notice. The advocate describes the whole scenario, what is the issue and how the recipient can resolve it by accomplishing the demands set by the sender.
- After the whole situation the demands and requirements are mentioned in which way the recipient can solve the matter.
- Lastly a time frame is mentioned at the very end of the Legal Notice to the recipient to fulfill the demand of the sender along with advocates fees.
How much does it cost to send a Legal Notice?
The Legal Notice charges depend upon the weightage of the case and the advocate. Normally, offline notice charges are expensive in comparison to the online drafting of advocate notice as usually websites hold a strong panel of Advocates. So automatically what mode you choose to draft your lawyer notice, the civil nature of the case plus the advocate who is drafting the notice are the components which justify the Legal Notice charges which you are required to pay.
Can I send a Legal Notice without an Advocate?
Not a chance! Without the Advocate you can not send the Legal Notice to the other recipient. The reason is that a Legal Notice is required to be written in a very descriptive and elaborated way which only an advocate can write. Also the usage of Legal language and statements are important which for a layman person is not possible. Moreover, the Legal Notice is written in the Advocate Letterhead which also includes the signature and stamp of the Advocate.
Also if there is no need of an advocate in sending a Legal Notice in India then it would only create chaos and hype up fraudulent activities among the public. Some things should be done in their proper hierarchy only that way it is much easier and risk free for everyone.
Can I send a Legal Notice on WhatsApp and will it be considered Legal?
Definitely you can, whatsapp comes in one of the modes through which the lawyer notice is sent to the recipient. The Supreme Court gives a heads up in 2020 to consider whatsapp as one of the modes of sending Legal Notice and other confidential information to the particular parties under the Indian Evidence Act.
According to the information, the two blue ticks will be considered that the recipient has read and received the notice. However there is a demerit as well that in Whatsapp the users are allowed to turn off the blue ticks to support this fact the Legal Notice should be sent from multiple modes; we do not suggest relying under single mode.
Now let us elaborate the different Modes:
- Registered AD: This is basically a way through which Legal Notice is sent. Any postal item for which the sender requests a proof of delivery or acknowledgement of receipt from the recipient or his agent is marked Registered Post with Acknowledgement Due.
- Email: It is also a safe way of sending confidential information. Like whatsapp it is also a one on one communication source. So if you want to send a Legal Notice to someone all you need to do is enter their email ID. So only that particular person will receive the advocate notice.
This is also boosting digitization in our country. Citizens using these services such as Digital signature and online Documentation. Which may lead to many more digital services in near future.
What if someone doesn’t reply to a Legal Notice?
Though many people avoid reverting back on the notice. But as a receiver of the lawyer notice you definitely should give a reply. As already mentioned above, the Legal Notice serves as evidence. Also if the Legal Notice includes any wrong allegations about you and you don’t revert back then it gives the sender an upperhand that you are accepting the facts and allegations written in it. That is the reason you should revert back otherwise it would only put you in the wrong place and you won’t be able to justify yourself in the court or anywhere. So if things go out of hand then you will be having the reply to show as a proof in the court.
How many times a Legal Notice can be sent?
If you have sent a Legal Notice to the recipient it would be enough. But it also depends on the situation and case where the number of notices can be exceeded. Means if the advocate needs some alteration to do in the previous notice then a second Legal Notice has to be put forward/ issued for the new information. If the recipient objects and reverts back on the notice then for the further reply you can revert back through by notice only.Though it would be better if you don’t linger on it for a long time. If the other party is not ready to settle things on minor terms then you can straight take forward the Legal proceedings.
What Section 80 CPC of 1908 depicts?
Under the Section 80 Civil Procedure Code of 1908, our country gives us this freedom to sue anyone who has done wrong to us. It can be individuals, institutions, even Government and its public officers also. No exceptions made. Justice is given priorly to the individual. But there is a difference between suing a person and the Government.
- When you file a suit against an individual no prior Legal Notice is required to be given. You can directly file a case against them.
- Whereas, if the government is whom you are suing then according to the section 80 CPC, 1908 it is mandatory to give a prior Legal Notice. Before you file a suit against the Government. Also it is said that not before the completion of 2 months an individual can file a case. Two months are given to the authorities to resolve and reply to the notice served to them. So that every procedure is done appropriately with no confusion and injustice.
The Legal Notice by Advocate holds a strong base. It conveys your intentions to the other party of taking the matter to the court if the settlement is not done. A cheap version to resolve the disputes. Mostly people take help of the Legal Notice only. But getting it done offline will only tire your back. Eventually like any other Document acquiring it Online will not only straighten up your back but your pockets too.