Every type of formal communication has a pre-planned framework that everyone who participates in it must adhere to. A Lawyer’s notice is one sort of formal communication that has its own structure that specifies how and what information must be included in the notification.
When preparing a lawyer’s notice, it is essential to adhere to the format. A well-drafted lawyer’s notice allows a person to obtain the earliest possible remedy. It forces the receiver to comply with the terms of the party giving the notice, removing the need to go to court.
Meaning of lawyer notice
Formal written communication between the parties is referred to as a lawyer’s notice. A lawyer’s notice informs the receiver of the sender’s intention to file legal procedures against the latter. A lawyer’s notice also assists in informing the receiving party of the sender’s grievances.
It serves as a final warning to the recipient to fulfill a specific condition in order to avoid a court battle.
It is used in various contexts:
- In Consumer Forums: If a person receives a faulty good or service, he or she can write a legal notice to the involved individual and request that the flaws be corrected.
- Property disputes, such as partition, eviction, or concerns connected to possession of the property.
- Defaulters on Loans: The debt recovery process begins with a lawyer notice sent to the defaulters under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).
- Cases falling under the purview of the Negotiable Instruments Act: In the event of a cheque dishonor, the aggrieved party may serve a lawyer notice to reclaim payment.
- Money Recovery Cases: The first stage in a money recovery case is to serve a lawyer’s notice on the individual in question.
- Employee and Employer/Company: If an employee is denied their wage in any way, the employee may send a lawyer’s notice to the employer.
- It is a method for reducing the time and cost of litigation by allowing the parties to settle the dispute through negotiation, mediation, or arbitration.
Types of lawyer notice
- Notice of Tenant Eviction
Tenants’ rights in India are outlined in the Rent Control Act of 1948. A Rent Agreement is a written agreement between the tenant and the landlord when land or a part of the land is leased to a renter for a fixed time period.
Even though renters have rights that prevent them from being coerced or unlawfully evicted, the landlord can initiate an eviction action for specific reasons. Before launching an eviction complaint, the landlord must take legal consultation from a professional lawyer and serve a formal notice to the tenant.
- Employee and employer/business
Employees are seldom aware of their rights, which is one of the primary reasons for their exploitation by their employers.
Employees face problems such as delayed or nonpayment of salary, wrongful termination, and so on.
In the event of a salary delay or non-payment, the employee may take legal consultation from an expert lawyer and send a lawyer notice to his employer and seek payment for the services done.
- Consumer grievance
When a consumer receives faulty goods or services, he has the legal right to file a lawsuit against the person in issue. The buyer may specify a reasonable time frame, such as 15 days, in the legal notice to fix any defects in the items.
- Notice of Cheque Bounce
In the event of cheque dishonour, a lawyer notice is issued under Section 138 of the Negotiable Instruments Act.
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The significance of filing a Lawyer notice
- Courts are currently overwhelmed with cases. As a result, for anyone seeking a rapid solution to an issue, litigation is now the last choice.
- A formal legal procedure is a time-consuming and expensive process. This is why, before filing a lawsuit, a lawyer notice should always be filed after document verification by the Lawyer. It is important to submit a legal notice for the following reasons:
- A lawyer notice allows the plaintiff to express his grievances to the receiver in detail.
- Without going through the trouble of litigation, the problem can be resolved outside of court.
- Lawyer notice allows parties to resolve their disagreement through Alternative Dispute Resolution processes. The lawyer does all the document verification before sending the notice.
Content for filing Lawyer notice
The aggrieved person/group of people can create the notice themselves, but it is a better idea to have it drafted by an experienced legal practitioner. A well-drafted Legal Notice is prepared on the Advocate’s letterhead, along with his address and contact information.
What to do if you receive a Lawyer’s notice?
When receiving a notification, the following points should be kept in mind:
- Read the notice carefully: It is critical to thoroughly examine the contents of the lawyer’s notice in order to comprehend the issue and concerns mentioned by the sender. If it appears that the conflict may be resolved amicably, the talk can be started.
- Contact an advocate: It is always a good idea to contact a good advocate who can help you with your case.
- Briefing the Advocate: The next step is to explain your side of the story to him, including details about the time, facts, and events surrounding the case so that he may compose an appropriate reply to the sender expressing your side.
- Send the reply: Once a response to the notice has been written, it is sent through registered mail or courier, and the postage receipt is maintained. The advocate keeps a copy of the lawyer’s notice and the response for future contact.
A lawyer’s notice is an important tool for the parties to communicate. It is a method for reducing the time and cost of litigation by allowing the parties to settle the dispute through negotiation, mediation, or arbitration.