“We’ve sent you a legal notice!”
Just hearing that one phrase makes many people panic and think, “Oh no… have they filed a case against us in court?”
But first, understand one thing clearly. Just because you’ve received a legal notice does not mean a case has been filed against you in court. Likewise, it does not mean that the allegations mentioned in the notice have already been proven.
So what exactly is a legal notice? When is it sent? And what should you do if you receive one?
What is a legal notice?
A legal notice is a written communication sent to the opposing party about a legal issue, asking them to take a specific action or explaining one’s demand or legal position.
In many cases, it also serves as an opportunity to resolve the issue before approaching the court.
For example, if someone does not return the money they borrowed from you, you can send a legal notice asking them to repay it. Similarly, legal notices can also be used in cases involving breach of contract, property or rental disputes, and certain consumer issues.
When should a legal notice be sent?
“Should a legal notice be sent for every problem?” Not necessarily.
Whether it is needed depends on the nature of the issue and the applicable law.
In some cases, a prior notice may be mandatory by law. For example, before filing certain civil suits against the government or against a public officer for an act alleged to have been done by him in the discharge of his official duties, a prior notice must be given under Section 80 of the Civil Procedure Code, 1908 (CPC). Generally, Section 80 of the CPC requires a two-month prior notice period. However, in certain situations where urgent relief is needed, Section 80(2) of the CPC allows a suit to be filed without waiting for that period, with the court’s permission.
Therefore, one should not think that a “legal notice” always refers to a specific section of a particular law. The rules vary depending on the circumstances and the relevant law.
Who can send a legal notice?
Generally, a legal notice is sent through a lawyer on behalf of the affected person.
A person can also send a legal notice on their own behalf.
Even so, since legal provisions, demands, deadlines, and similar details must be stated correctly, it is advisable to seek a lawyer’s advice.
What should a notice contain?
Simply writing “what happened?” does not make it a complete legal notice.
In a proper legal notice, it should generally be made clear who is sending the notice, to whom it is being sent, what the issue is, what the details of the events that occurred are, what the legal or contractual basis for the demand is, what the other party must do, and how much time is being given to respond or comply with the demand.
Has a legal notice arrived? What should you do?
First, don’t panic. At the same time, don’t ignore it either.
Read the notice carefully in full. Check whether the allegation or demand stated in it is true. Gather and keep the relevant documents, receipts, agreements, and details of financial transactions.
If needed, you can show the notice to a lawyer and get legal advice. If you need to respond from your side, you can do so through a reply notice.
If the deadline given in the notice is ignored, the opposing party may take the next legal step. However, not every deadline mentioned in the notice automatically becomes a deadline prescribed by law. It depends on the relevant law, the contract, and the nature of the notice. Nevertheless, it is important to understand its legal consequences before ignoring it.
Moreover, before deciding whether to respond to the notice or not, the applicable legal time limit (Limitation Period) for pursuing the relevant case must also be considered. The mere sending of a notice does not automatically stop or extend the legal time limit in all cases.
It cannot be said that responding to every legal notice is legally mandatory in all circumstances. However, depending on the nature of the notice, the law applicable to it, the terms of the contract, and the consequences that may arise if you do not respond, it may be important to reply. Therefore, it is advisable to decide whether a response is necessary, and if so, how it should be given, with proper legal advice
So…
As soon as you receive a legal notice, don’t panic and say, “The case has gone to court!” At the same time, don’t dismiss it with, “It’s just a piece of paper...” The right approach is to understand what it says, on what legal basis the claim has been made, whether there is a need to respond, and what the deadline is, then obtain the necessary legal advice and take the next step.