ADHERENCE TO LEGAL REQUIREMENTS In many legal matters, such as recovery of debt, enforcement of contract or any other matters, serving a legal notice is a mandatory requirement before initiating a suit before a court of law. For example, in civil cases where the government is a party, sending a notice under Section 80 [https://indiankanoon.org/doc/55198661/] of the Code of Civil Procedure, 1908 [https://indiankanoon.org/doc/161831507/](hereinafter referred to as ‘CPC’) is mandatory. Similarly, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act, 1881), in cases of cheque dishonour, sending a legal notice within a specific time frame is compulsory. OPPORTUNITY FOR RESOLUTION Sending a legal notice serves as a formal warning or demand, providing an opportunity for the receiver to resolve the issue cordially, or comply with the demand, so that litigation can be avoided. This can save time, money, and resources for both parties. DOCUMENTATION AND RECORD KEEPING Through a legal notice, we can create a formal record of the dispute or demand, which can later on be used as an evidence in the court of law to show that an aggrieved party tried to solve the dispute amicably before pursuing legal action. PROTECTION OF LEGAL RIGHTS Sending a legal notice indicates the sender’s intention to file a lawsuit to resolve the issue, prompting the other party to potentially respond so that he can save himself from the court proceedings. It safeguards the sender’s rights by formally notifying the recipient. This can help in preventing defences such as lack of knowledge. It also protects the rights of the receiver by giving an opportunity to resolve the dispute through mutual settlement. Generally, serving a legal notice is not mandatory in all civil cases. Its requirement depends on case to case and on parties involved. However, in practice, advocates often serve legal notices before initiating all civil cases. Despite this common practice, it is legally required to serve a legal notice only in the cases where suit is against the government or the public officer. The purpose of serving a legal notice is to give credibility to the claims of the sender by explicitly outlining all the liabilities of the recipient. IMPORTANT POINTS TO KEEP IN MIND WHEN DRAFTING A LEGAL NOTICE Drafting an effective legal notice is the most important part of any civil proceeding and can also be a valuable skill in generating income. Therefore, before drafting a legal notice, a person needs to keep some points in mind. To ensure a well defined legal notice, following points should be considered: [https://blog.ipleaders.in/wp-content/uploads/2024/07/Be-spoilt-for-choice-new-legal-jobs-and-internships-daily.jpg] [https://lawsikho.com/opportunities] * Identify the purpose of the legal notice: Firstly, a person should identify the specific reason for issuing the legal notice. This might involve demanding payment of a debt, addressing a breach of contract, or issuing a warning in case of defamation or property disputes. Clarifying the purpose will assist in framing the content clearly and concisely. * Gather essential information: Gather all the essential information that will form the basis of the legal notice. This will typically include: 1. Full name, residence, contact details of both the sender (the person issuing the legal notice) and the receiver (the person against whom the notice has been issued). 2. Specific dates relevant to the dispute, the amount involved, details of contracts and any other pertinent information related to the dispute or claim. * Consult relevant laws: Examine the relevant laws to the matter in dispute. For example, if the notice has to be issued under Section 138 of the NI Act, 1881, a person needs to ensure that the content and timing of the notice comply with the requirements of that section. This may involve researching statutes and regulations to understand the legal framework. * Use clear and professional language: Ensure that the notice is composed in clear, concise, and professional language. Avoid emotional and abusive language or threats. Focus solely on the facts and legal requirements. * Send the notice through appropriate channels: Use a reliable method to send the notice, such as a registered post with acknowledgement due or courier with delivery receipt. Retain a duplicate of the notice and the delivery receipt for your records that may be used in court proceedings. CONTENT OF A LEGAL NOTICE . Here is a general format and content guide for drafting a legal notice: DATE A legal notice must be dated. It can be placed on either the right or left side of the letterhead, depending upon the chosen writing style. NAME AND ADDRESS OF THE RECEIVER A legal notice must be sent to the correct address and directed to an appropriate person to avoid any confusion. The initial step is to accurately identify the recipient. For example – In case of proprietorship, the notice must be sent directly to the proprietor himself. Similarly, in disputes related to companies, the notice must be sent to both the company and the relevant director or authorised representative of the company at the company’s registered address. If an entity does not have a separate legal entity then the legal notice must be sent to its representative. For instance, in the case of a partnership firm, the notice must not be sent to the firm, rather it should be sent to the partners. In the case of Hindu Undivided Family (HUF), the notice is sent to the HUF and its Karta, the head of the family because HUF is one person in the eyes of law. In the case of a suit filed against the government, according to Section 80 of the CPC, 1908, the legal notice is to be delivered to the Secretary, Collector of the District or the public officer at his office address. SUBJECT OF A LEGAL NOTICE It is a brief and concise statement that summarises the primary reason for sending the legal notice. It helps in capturing the core issue or dispute and stipulates what the notice is about, giving the receiver a clear and precise understanding of the dispute. In statutory notices, it is compulsory to mention the subject of the legal notice, whereas there is no such compulsion in the notices that are sent voluntarily. However, it is advisable to mention the subject in all types of legal notices. BODY OF THE NOTICE It is the crucial part of the legal notice where the sender elaborates the facts and circumstances that led to dispute between both of them. A legal notice usually begins with the opening words “under instructions from my client Sri./Smt._____son/daughter/wife of______resident of_____, I hereby serve you a legal notice”. Afterwards following paragraphs should be set out: