Notices
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Services we provide under Notices
- Legal Notice
- Legal Notice for recovery of dues
- Cheque Bounce Notice
What Is a Legal Notice? – An Overview
A legal notice is an intimation sent by one person to another informing them that they intend to initiate legal proceedings against the other person. A legal notice is normally sent when an act or inability to do an act has damaged the person. For example, it is sent in instances where a contract has been breached, when a tenant is not paying the agreed rent, when a right has been infringed, etc. It is a formal communication between two entities that makes the sender eligible to initiate legal proceedings. It is drafted under the provisions of the Civil Procedure Code and can only be issued in civil cases. Sending a legal notice has many benefits as it can lead to several outcomes without the involvement of litigation. For a legal notice to show a fruitful result, it is necessary that the notice is correct, both factually and legally. For this, help from experienced professionals is required. Spinach Laws is one such organisation that has a dedicated team of experts who will provide the right assistance to our clients when it comes to drafting a legal notice.
Benefits of Sending a Legal Notice
- A legal notice acts as a warning. It is sent to the person to remind them of their duties and obligations. It sends a message about the legal consequences of non-compliance. It makes the person aware of your grievance.
- Caveat: It informs the person regarding a potential risk of litigation and thus provides a chance to them to rectify their errors.
- Since a legal notice is just an intimation, the parties can try to negotiate their way out of the issue at hand through other dispute resolution methods.
- Legal notices encourage settlement and discourage costly litigation.
- Legal Proof: It acts as proof that the wrongdoer/entity was approached using other means before seeking help from the court. It is a valid record.
What Should a Legal Notice Include?
An ideal legal notice includes the following necessary details:
- Precise statements of facts of the aggrieved party for which the action needs to be taken. This includes a brief of all the problems the party is facing
- Alternate relief sought by the aggrieved party needs to be mentioned. This can be monetary or by the discharging of an act
- The notice shall also include the means by which the issue can be resolved. This is included in the last part of the notice
- It includes the civil and penal consequences if the demands of the aggrieved party are not complied with
- Name and required information of the client. This also includes the address of residence
- Details of the monetary relief sought by the party. This must include the legal basis of the claimed relief
- Advocate Details: Name, designation, contact number of the lawyer sending the notice, signature of the lawyer.
Procedure for Filing a Notice
- Step 1: The notice is drafted as per the client’s requirements and sent to the other party through a registered post. The notice contains the above necessary details. The notice also includes a timeframe within which the other party is expected to respond. (30-60 days)
- Step 2: The copy of the sent notice is saved by the sender. It is a useful document if the aggrieved party initiates proceedings
- Step 3: After the timeframe is complete and the party has not responded, the aggrieved party has the advantage of going to the courts.
What Is a Legal Notice? – an Overview
A legal notice is an intimation sent by one person to another informing them that they intend to initiate legal proceedings against the other person. A legal notice is normally sent when an act or inability to do an act has damaged the person. For example, it is sent in instances where a contract has been breached, when a tenant is not paying the agreed rent, when a right has been infringed, etc.
In the present case, a legal notice can also be sent for the recovery of dues or money that has been promised. This is filed between two people and acts as a warning to the one withholding payment of dues. Legal notice for recovery of dues can be sent to an employer, friends, or acquaintances. Therefore, legal notices play an important part in the process that helps you recover money. It is a warning that notifies the person about the fact that they owe money to the person sending the notice. It works as the first step in the legal process and helps the receiver to know that if they fail to repay the dues, stricter legal action will follow. Hence, it serves as the final opportunity for the one receiving the notice to resolve the issue without having to go to court.
Benefits of Sending a Legal Notice
- A legal notice acts as a warning that the due amount has to be repaid. It is sent to the person to remind them of their duties and obligations
- It sends a message about the legal consequences of non-compliance
- It makes the person aware of your grievance
- It can prevent costly litigation
- Encourages out of court settlement
- There is added credibility in the sender’s claims.
What Should the Legal Notice Include? – Components
- Name and address of the sender – This is very necessary as it acts as identification of the person who is asking for the recovery of dues
- Relationship of the aggrieved and the defaulter – This is an elaboration of the facts and instances that lead to the default
- Civil and penal consequences – This includes the consequences that may occur if the defaulter does not return the dues
- Details of the monetary relief – This includes the amount that needs to be recovered and more monetary relief if the aggrieved party has suffered because of the default.
- Legal basis of the relief sought
Procedure of Sharing a Legal Notice
- The notice must be drafted on a lawyer’s letterhead, mentioning their name, and place of work
- The notice must also contain the lawyer’s qualifications and contact details. The notice must have details regarding the date of the issue
- It should mention the name, contact details, and address of the person to whom it is being issued
- Similarly, it must contain the name, address, and contact details of the person issuing the notice
- The notice must mention how the opposing party had defaulted payment or infringed the client’s rights
- It must direct the opposing party to do something to make up for the losses incurred to the sender within a stipulated period
- The legal notice for nonpayment of dues must be signed by both the advocate and the client
- It is a good practice to start every paragraph with ‘My clients states’ so that the receiver understands that everything written in the notice comes from the sender
- A good legal notice will always devote at least a paragraph to what the sender wants from the opposite party. This is usually stated in the last paragraph and clear instructions regarding what is expected of the receiver must be mentioned with a timeframe for completion of said instructions
- The notice after is drafted as per the client’s requirements and sent to the other party through a registered post. The notice contains the above necessary details. The notice also includes a timeframe within which the other party is expected to respond. (30-60 days)
- The copy of the sent notice is saved by the sender. It is a useful document if the aggrieved party initiates proceedings
- After the timeframe is complete and the party has not responded the aggrieved party has the advantage of going to the courts.
When Can a Recovery of Dues Notice Be Filed?
- Recovery of Rent – A landlord can send a notice for recovery of dues if the tenant refuses to pay the rent amount to the landlord
- Embezzlement – Instances where an employee steals from a company. The company after an inquiry can send a notice of repayment of dues
- An employee can demand due salary from the employer
- Bounced Cheque – In the case of bounced cheque, the aggrieved can send a legal notice to the defaulter
- Legal notice for payment of dues may also be sent with regards to disputes related to mortgage, possession (delays or extension), and land disputes
- Furthermore, it can also be served to companies if they manufacture faulty and dangerous products, or provide illegal or bad services. It may also be filed against false advertisements
- Legal notices for nonpayment of dues are also commonly filed during family feuds, divorce settlements, and child custody cases.
What is Cheque Bounce?
cheque return cases are governed by Section 138 of the Negotiable instruments Act, 1881. A cheque bounces when a bank doesn’t honour a payment. When a cheque is returned by the bank unpaid, it is said to be dishonoured or bounced. A few of the reasons are wrong signatures, mismatch of figures written on the cheque (in words and figures), and overwriting. These issues are minor and can be solved without the court’s intervention. A major cause for concern is when a cheque bounces due to lack of funds in the drawer’s account.
If you have received a cheque that has bounced, you have two options. You can send the person a demand notice and then, if there is no response after 15 days, you can eventually follow up by filing a complaint in the court.
To add to this, in case an action is not taken against the defaulter by the receiver within the prescribed time, it can also lead to lack of remedy for the receiver of the cheque as a case for cheque bounce is time-bound. Thus, it is important to address a cheque bounce case as soon as possible in order to avoid all the consequences involved.
Procedure for a Cheque Bounce Case
- Step 1: The first step is to send a Demand Notice to the person who has issued you a bounced cheque
- Step 2: The notice should include details regarding the bounced cheque. The notice should include information such as the date the check was issued and a copy of the dishonoured memo
- Step 3: The person has 15 days from the time they receive the notice to pay you
- Step 4: If they don’t, you can file a complaint in the prescribed format in the court
- Step 5: You must also present an oath letter, a copy of the notice issued with the acknowledgement receipt, a photocopy of the memo, and the bounced cheque received, in addition to the complaint form
- Step 6: When the judicial court gets your complaint, it will review and verify the documents you sent
- Step 7: Once the court is satisfied with your cheque return case, the complainant or their lawyers must fill out the bhatta or cheque bounce case process form, after which the accused is summoned to appear in court
- Step 8: If the accused fails to appear in court, the judge has the authority to issue a bailable warrant against the person in question.
Note: It is advisable to hire lawyers to assist you with filing a cheque return case. This is because lawyers are familiar with the entire cheque bounce case process and how to fill out the form in the appropriate legal format.
Legal Action for Cheque Bounce Case
Cheque bounce is a criminal offence in India, covered under Section 138 of the Negotiable Instruments Act. So, if a complaint is filed in a court and, if found guilty, the defaulter can be punished with a prison term of two years and/or a fine, which can be as high as twice the cheque amount.
In some cases, the court might grant cheque bounce case punishment, this is usually if the court finds the infraction heinous.
List of Cheque Bounce Documents
While filing a complaint against a party in a cheque return case, you need to submit an application form along with the following documents:
- The original cheque
- Memo of returning cheque which would contain the reason about non-payment by the bank
- Copy of demand notice and the original receipts.
- An affidavit stating evidence.
What are Cheque Bounce Rules?
In case a person is filing cheque bounce case, there are certain Cheque Bounce rules they have to follow.
- The first step is to send a demand notice to the offender
- Once the notice is received, the offender has 15 days to make the due payment
- Under Section 138 of the Negotiable Instruments Act, 1881, the payee has to send the drawer a notice within 30 days of receiving the cheque return memo
- If the drawer fails to make the payment, then the person filling the cheque bounce case has every right to file a complaint with the court by submitting a written complaint along with valid documents
- The bank’s cheque return memo is one of the most important documents. The court will be unable to proceed with the case without this document
- The defaulter cannot be penalized in the eyes of the cheque bounce law if the bounced cheque was given as a gift or used to lend money for a loan payment.
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