Legal Notice is formal and written legal information that is sent to the other party by the party who has been hurt by civil injury. It is meant to serve as notice to the defendant that the aggrieved party intends to file a lawsuit against him in court if the issues raised therein cannot be resolved peacefully. According to Section 80 of the Civil Procedure Code of 1908, sending a legal notice is a formal obligation that must be fulfilled before taking a case to a court of law.
All of the aggrieved party's facts, complaints, and the legal remedy he is requesting from the defendant must be included in a legal notice served to the accused. The sender of the notice is referred to as the Sender, and the recipient is referred to as the Addressee. The Sender may personally serve it or have his assigned advocate do so on his behalf.
When Should a Legal Notice Be Sent for Recovery of Money?
Sending a legal notice to the infringing party is the initial step towards recovering the money when that person's actions prohibit the due amount from being recovered.
The importance of the legal notice can also be determined by the likelihood that it will serve as a warning to the recipient of the notice, which could have, intentionally or unintentionally, resulted in troubles for the sender. Additionally, the majority of instances are resolved before serving a formal notice to recover money.
However, one may go to court to seek a legal remedy to recover the unpaid money if no decision is reached. Before a person files a complaint with the relevant court, a legal notice must show that they made an honest effort to resolve the problem on their behalf.
Required Documents for drafting a Legal Notice for Recovery of Money
The following documents should always be carefully reviewed when preparing a Legal Notice For Recovery Of Money:
An affidavit that details any debts or loans made to friends, family members, or others.
An employment agreement lays out the compensation the employer will give a person in exchange for their services and any money that can be recovered from the employer
One could use additional evidence to back up their claims in a dispute over the money recovery.
Mediums to Send Legal Notice for Recovery of Money
Legal notices were previously only delivered by registered mail. Nowadays, given the option, many in India prefer sending legal notices online; yet both effects are essentially the same.
Some of the mediums are:
Courier
In-person
Posts
Speed Posts
Whatsapp
Emails etc.
Procedure to Send a Legal Notice for Recovery of Money
Communicate directly with a lawyer who excels at drafting. Any Indian language may be used for the draft, however, English is preferred.
To inform the lawyer about every single piece of information regarding the problem or subject matter of the case, including the name of the parties, addresses, relationships with the parties, and the issue in question.
The lawyer would inform if anything needs to be added after making notes of everything his client says.
The lawyer then drafts the notice in front of the client. When the drafting is completed, he gives the draft to his client to read every detail mentioned in the legal notice, which will be issued to the recipient.
The notice gets completed and then signed by the sender and the lawyer before being sent by post, courier, or in person.
The acknowledgment should primarily be regarded as a copy of the notice if it is issued by courier or post.
The sender's lawyer will typically expect the recipient of the notice to respond after receiving it. Still, if the recipient does not, the sender's lawyer will contact or attempt to reach the recipient to follow up on the notice.
You will need a lawyer to draft a legal notice and handle all the legal proceedings on your behalf. Suppose you want to draft and send a Legal Notice For Eviction Of Tenant in Gurgaon, then a Civil Lawyer in Gurgaon can be appointed. Likewise, a civil lawyer in Delhi can be assigned to draft and send a legal notice for the recovery of money in Delhi.
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