Legal Notice complete drafting procedure and sample draft

What is a legal notice?

A legal notice (LN) is a conveyance of intention to defaulting party or party in breach of contract or to party violated legal some legal right of the client. It is sent by an advocate, on client’s behalf, to the other party. The LN conveys to the other party that there is cause of action under which the client can initiate legal proceedings. LN is necessary in some of the circumstances to inform other party about their violation such as in case of Section 138 Negotiable Instruments Act, 1881.

It must be written as concisely as possible to avoid too much irrelevant information.

Contents

1. A Letter Head

A letter head is something that is present at the top of legal notice on the very first page of the notice which suggests that it is sent by which advocate.

• Details of Parties

The details of parties are essential, we need to write it like a letter to the person we are sending i.e. name of recipient and name of sender under the title client’s name. You can look for sample draft for a good idea.

• Subject

Subject provides a one liner explanation of your case and it conveys idea regarding the notice.

• Title “Legal Notice”

Title Legal Notice is must which make it different from other types of notices.

• Body

This is the core of legal notice you should mention all important facts under which the cause of action of the party is arising and the grounds on which legal proceedings can be initiated.

• Call for Action

After providing the details of the legal violation, we can call the party to comply with the contents of legal notice to avoid any legal proceedings.

Now, you can see a sample problem and sample draft for better clarity.

Sample Problem

B has borrowed Rs. 20,00,000/- from A and agreed to repay the amount within 2 years. However, B has not paid the debt on time and has been avoiding A’s calls, messages, and meet-ups. As a lawyer representing A, write a legal notice applying the relevant provisions demanding repayment and informing appropriate legal action that can be taken against B.

Sample Draft

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