What a legal notice does
A legal notice is a formal written communication that sets out the facts, states the legal basis of a claim, and calls upon the recipient to do or refrain from doing something within a specified time. It serves three purposes: it gives the other side an opportunity to resolve the matter, it establishes the sender's position on record, and in several categories of cases it is a legal precondition to filing proceedings.
A notice is also read by the court later. Statements made in it that cannot be supported, or claims inconsistent with the case eventually pleaded, cause avoidable difficulty.
Situations in which a notice is commonly issued
- Recovery of money, unpaid invoices, advances and refunds.
- Breach of a contract or an agreement of sale.
- Termination of a tenancy, arrears of rent and vacating of premises.
- Encroachment, interference with possession and boundary disputes.
- Defective goods or deficiency in service.
- Employment matters, including unpaid dues and wrongful termination.
- Dishonour of a cheque, where the notice is a statutory requirement — see the Section 138 page.
- Matrimonial matters, including restitution, maintenance and return of belongings.
- Defamatory statements and unauthorised use of material.
What a properly drafted notice contains
The notice should identify the parties precisely, narrate the facts in chronological order, refer to the documents relied upon, state the legal basis of the claim, specify the relief demanded, and give a reasonable period for compliance. It should indicate the consequence of non-compliance without resorting to threats or intemperate language.
The mode of dispatch matters as much as the contents. Notices are ordinarily sent by registered post with acknowledgement due, and where appropriate also by courier and email, with proofs preserved.
Replying to a legal notice
A notice should not be ignored. Silence is frequently relied upon by the sender as acquiescence in the facts alleged. Equally, a hasty reply that admits facts or makes unnecessary assertions can be produced against the recipient later.
A reply is prepared after examining the notice against the documents, dealing with each allegation specifically, setting out the recipient's version, and stating what, if anything, the recipient is prepared to do. Where the claim is time-barred or the sender has no standing, that is stated at the outset.
Notices required by law
In certain matters a notice is not optional. Suits against the government and specified public authorities require prior notice under the governing statute. Cheque dishonour proceedings require a statutory demand notice within a prescribed period. Some tenancy and contractual arrangements provide their own notice periods, and non-compliance can defeat an otherwise valid claim.
What happens after the notice
Where the recipient complies or a settlement is reached, the terms should be reduced to writing so that the arrangement is enforceable. Where there is no response or the response is unsatisfactory, the next step is the appropriate proceeding — a civil suit, a complaint, or an application to the competent authority, depending on the nature of the claim.
Frequently Asked Questions
- How long should be given for compliance?
- It depends on the nature of the claim, and in statutory notices on the period prescribed by law. In ordinary matters a period of fifteen to thirty days is common.
- Can a notice be sent by email alone?
- Email may be used in addition, but proof of service is safer through registered post with acknowledgement due, particularly where a statutory period is involved.
- Does issuing a notice mean litigation will follow?
- No. A significant number of disputes are resolved at the notice stage, which is one of the reasons the notice is issued before proceedings are filed.