How to Write A Legal Notice?
How to Write A Legal Notice?
A legal
notice is a formal notification document by which a party informs the other
party or parties that it is aggrieved by the action of the other party or
parties in a legal matter, and if it seeks redressal of the aggrieved party.
Failure to do so may initiate any formal legal proceedings against such party
or parties. A legal notice must be sent by a lawyer to protect the rights of
the aggrieved party and determine the proper procedure to write the contents of
the legal notice. A characteristic of a well-written legal notice is that many
cases are settled before they go to court and the parties settle matters out of
court, which leads to cases even before the courts. does not bear the burden of
Any person
who has suffered any harm or harassment from any other person for which action
or redress is possible under existing laws or the act is punishable, then the
aggrieved person is required to take any formal legal action. before informing
the person by legal notice but this does not include offences of a criminal
nature which are cognizable by the police and are of a serious nature such as
murder, kidnapping or similar offences. Their details are listed in the
Pakistan Penal Code.
Legal notices are usually sent for business
contracts, family matters, civil cases, tort cases, employee and employer
cases, copyright, tenant and landlord cases, real estate cases, inheritance
cases, etc.
Significance and Importance of Legal Notice:
The
beginning of any legal proceedings is very important, especially in civil
matters, legal notices and their contents play an important role in court
proceedings till the end of the cases. Legal notice must be given to the
opposite party or parties before filing their case in any court. While filing a
case in court, this legal notice is given as evidence that the opposite party
was informed by a legal notice that they can be litigated against and he was
given ample opportunity to settle the matter but the opposite party is not
willing to settle the matter through mutual discussion so the plaintiff has no
option but to refer to the court…
Its
importance can also be estimated from the fact that the text written in the
legal notice is the main defendant in any case. In the legal notice, the
aggrieved person describes his grievance or desired right in detail, as well as
what right and remedy he has under which law, and whether the matter is open to
resolution between the parties. Therefore, legal notices must be prepared and
sent by a lawyer.
How to write a legal notice?
1. One
should be very careful while writing a legal notice. A lawyer should listen to
his client carefully and note down all the important points. Also, get a copy
of all necessary documents from the client so that any details can be written
easily while preparing the legal notice.
2. The title
of the legal notice should be short and explains the nature of the matter for
instance, Notice for the compensation against the damaged goods
3. The
notice should contain the complete address of the opposite party or parties so
that the notice reaches the desired place easily.
4. The
notice should state the facts and events of the case in a comprehensive manner
along with the history of the events.
5. The
notice should state in full, the nature of the distress/harassment/ loss
suffered by the aggrieved person.
6. The
notice should state the desired remedy of the affected person and the relevant
rights available to him under the law.
7. In the
notice, sufficient time should be given to the opposite party or parties to
respond to the notice and to settle the matter, which is generally seven days.
The aggrieved person can also send two notices of seven days’ duration. In this
legal notice, it should be written that if the notice is not answered and the
matter is not settled, the plaintiff will approach the court.
8. If the
opposite party is the Government or any Government officer, the legal notice
has to be sent in the manner prescribed under Section 80 of the Civil Code.
9. Legal
notices should always be sent by registered post.
What should you do if you receive a legal notice?
If one
receives any legal notice, he should keep the following points in mind.
1. Read the
legal notice carefully and contact an attorney immediately.
2. Tell the
lawyer the whole matter in full detail so that the lawyer can give you the best
advice and inform you about your legal rights.
3. After
understanding the matter well, prepare a response to this legal notice through
a lawyer and if you are ready to settle out of court, write clearly in this
response. Also, if you wish to use an alternative forum for dispute resolution,
please specify.
Generally,
people do not respond to legal notices in writing which is a wrong step. You should reply to the written notice also in writing so that it can be
used as evidence in future.
4. Also a
response to a legal notice Should be sent by registered post.
Study Achievement:
It is
mandatory to send a legal notice to the opposing party for the initiation of
any civil court proceedings. Legal notices should be sent through a lawyer.
This is a very important document because, with good legal notice, a dispute
can be settled out of court. If someone receives a legal notice, even in this
case, after consulting a lawyer, he must give a written response to this legal
notice, and if there is any alternative solution to the matter other than a lawsuit
in the court, then it must be written in this written response with
explanation. should go In this way, the parties will be able to avoid legal
complications in the future.
…………………….By
Advocate Afshan Saleem
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