Authored By: Jiya
Importance of Replying to the Legal Notice
Introduction
Receiving a legal notice may seem scary and the receiver might not know what to do or what action can be taken against him if he does not respond to it. But there is no need to worry. It’s important to remain calm because at this point there is no legal action but only a threat to take one.
First step is to accept the legal notice and sign it as rejecting can act against your favour if legal proceedings are initiated in the future. Reading the notice
thoroughly and clearing the misunderstanding with the sender or settling the matter amicably can avoid litigation. Also, if grounds for such notice have no serious purpose, then the receiver can have an option for suit for defamation or file suit for damages.
In this article I will delve into what is legal notice, what does it contains, options after receiving a legal notice, why is it important to reply to a legal notice and what is included in the reply.
Legal notice
Legal notice shows demands and grievances by the sender before proceeding to take legal action. It is a legal imitation that suggests party to perform demand mentioned in the notice or else a lawsuit will be filed. It is a formal communication to the person or an organization that a legal proceeding will be undertaken against them if the grievances in the legal notice are not fulfilled.
Legal notice is only sent in civil cases and are 1st step in legal proceedings to make the party aware of the grievance. It is sent to party to rethink his/her stance before a lawsuit is filed against them. It leads to speedy settlement of grievances.
Under section 80 Civil Procedure Code 1908, a legal notice is sent to the government or public officer to initiate legal proceedings against them for the act done by them in the course of their official duty. The notice should give at least two months to review the situation. It is mandatory to serve legal notice before proceeding with any legal action against the government or public officer. But it is not mandatory in all civil cases to serve legal notice before suing a person. But in certain cases, like cheque bounce cases it is mandatory to serve legal notice within the 30 days from the date of cheque bounce and if no payment of money is done within 15 days of receiving of such legal notice, then a legal action can be taken within 30 days after the completion of 15 days.
What does a legal notice contain?
A legal notice usually contains the following:
- Name and the address of the party to whom the notice is to be sent.
- Facts and grievances raised by the sender.
- Relief or Compensation to resolve the dispute amicably. Laws must be mentioned for relief or compensation.
- Signature and stamp of the lawyer.
A legal notice is served in civil cases such as cheque bounce cases, property disputes, by employer, breach of contract cases, etc.
What to do after receiving a legal notice?
When a legal notice is received it is important not to panic and reject to accept the notice. After being served with legal notice, a person has 2 options: either to give no response and wait till a legal proceeding is initiated or to send a reply to the notice. It is not necessary to reply to a legal notice but always advisable because in future it can act against you and put it in favour of the sender. If not replied the party may file suit in court and court will order the respondent to appear before the court.
Importance of replying to a legal notice?
Not replying can have far-reaching consequences and it is preferable to take advice from a lawyer regarding the same. If you do not reply to the legal notice, the party can have a better claim, and this can work in their favour in the future. Not replying will make your case weaker and can act as corroborating evidence in further legal proceedings. Furthermore, it shows the uncooperative act on the part of the respondent. Timely reply to notice can save a lot of time and money that may be involved if legal course is taken. A conciliatory reply can help resolve the matter outside of court.
Thus, it is quite important to give reply to put your instance and give answers as to grievances raised by the sender.
What is included in reply to a legal notice?
The drafting of the reply to a legal notice should be done in a careful manner. Also, reply should be given within the stipulated time. In reply solution is given or the matter reaches the court The general format of notice is followed while giving the reply that is date, details of person sending reply, etc.
Body of the reply – It includes the preliminary objectives and then it proceeds with ‘reply on merits’ which means response point by point. It generally starts with the client’s version of the event.
Concluding reply- The reply is sent to both the sender and his lawyer so that all the necessary information is received by all the parties.
Conclusion
Thus, it is always advisable to reply to a legal notice. There is no need worry and the matter should be dealt with at most calmness. It is recommended to consult a lawyer in such matters and provide all the necessary information that can work in your favour. Not replying to a legal notice can act as corroborating evidence in the future proceedings but it does not denote that a person is admitting to anything or is guilty. It depends upon the evidence and the arguments put forth by the parties during the proceedings that whether a person is truly guilty or not. But no replying to the legal notice can put the respondent in weaker position as compared to the petitioner.
