Legal Notice

All legal action can only be taken once notice has been
served upon the entity or individual you wish to take to
court. It is only this process that legalises bringing a
matter to court. The intimation sent is known as a legal
notice.

A legal notice is, therefore, a formal communication to

a person or an entity, informing the other party of your
intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to

the legal proceedings and thus, makes the party aware
of your grievance. Many a times, a legal notice served
will bring the other party on heels, and the problem can
get resolved out of court too, with fruitful discussions
on both sides.

And, if the other party is still not heeding to the

grievance, one can always start the court proceedings
after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of

negotiations between the parties and save time, effort
and money that are usually spent in court cases.
Filing a Legal Notice
A legal notice, although a simple document, requires
precision and accuracy and use of definite language to
ensure the message sent across is correct. A legal
expert or an agent can help in putting forth the legal
notice as per law and wording it as required for the
particular issue.

1. The first step is to draft a legal notice, with the issue,

the relief sought and a definite time 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, save the copy of the receipt

sent. 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 whom the legal notice

is addressed will have the above mentioned days to
revert back with the notice or agree for out of the court
settlement.

Although the other party may or may not reply to the

legal notice, it is essential for a person on whom the
legal notice is addressed to send a reply within the
stipulated time. If not replied to a 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 legal notice can be sent personally too. One can draft

a legal notice, and authorize it before sending it to the
other party. However, since wording a legal notice is
extremely important if the case reaches the court, and
citing of aw under which you have raised the claim is
essential, having an expert in law to make the copies of
the legal 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.

_______________________________________________________
Essential Information
A legal notice is filed as per Section 80 of Code of Civil
Procedure, 1908 and is only filed in civil cases. A legal
notice is an intimation and thus carries the following
information:

1. Precise statement and facts relating to the grievance

for which the action is to be taken.

2. Alternatives/relief sought by the grieving party.

3. How are the relief/problem in hand be solved, a

summary of facts and the way it can be solved.

A complete brief of the problems that the aggrieved

party is facing, combined with what can be done to
resolve the issue need to be clearly mentioned. The last
past of the Legal notice should contain a detailed
account of how relief can be obtained/problem solved,
if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator
between the two parties and help solve the issue out of
the court, if both of them are willing to compromise on
the issue.

Notice Of Sale Of Pledged Goods

……………………………..

………………………………

Date ……………..

TO.

……………………………………….

……………………………………….

I hereby give you notice to pay a sum of Rs. ………………….. overdue by you
to me as per enclosed statement of account by the ………………….. day of
……………………, 2000, failing which, the articles pledged by you shall be
sold by public auction to the highest bidder at …………………. A.M. on
…………………… , 2000.

Please note that the amount recovered by auction of pledged goods will be
appropriated towards the costs and expenses of such sale, interest due and
payable on the date of sale and the principal amount and if there shall be any
deficiency or shortfall in the amount due and payable by you, the same shall
be recovered from you.
You may be present personally or through an authorised agent at the time
and place of auction of pledged goods, if you so desire.

Yours faithfully,

……………….

Enclosure: Statement of accounts.