A legal notice is a formal written communication, usually sent by an advocate, informing the other party of your claim and demanding action within a set time. It is mandatory before suing the government under Section 80 of the Civil Procedure Code and in cheque bounce cases under Section 138 of the Negotiable Instruments Act. In other disputes it is a strong first step.
When to send a legal notice
- Recovery of unpaid dues or salary
- Cheque dishonour
- Breach of contract or service deficiency
- Property, tenancy and eviction disputes
- Defamation and intellectual property infringement
What a notice should contain
- Names and addresses of both parties
- Facts of the dispute in chronological order
- Legal basis of the claim
- Specific relief demanded and the time to comply
- Consequences of non-compliance
Cheque bounce notices
Send the demand notice within 30 days of receiving the bank's return memo. If the drawer does not pay within 15 days of receiving the notice, a complaint can be filed within one month after that period.
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Get expert help →Replying to a legal notice
Do not ignore a notice. Reply within the time mentioned, deny incorrect claims, state your version and keep proof of dispatch. A careful reply can prevent litigation or strengthen your defence.
Frequently asked questions
Is it mandatory to send a legal notice before filing a case?
Only in certain cases, such as suits against the government under Section 80 CPC and cheque bounce under Section 138 NI Act. In most other disputes it is optional but strongly advisable.
Can I send a legal notice without a lawyer?
Yes, anyone can send a notice, but an advocate-drafted notice is more precise, legally grounded and taken more seriously by the recipient.
Is email a valid mode for a legal notice?
Email and messaging apps are increasingly accepted as valid service, but registered post or speed post with acknowledgement remains the safest proof of delivery.
What happens if the other party ignores the notice?
You can proceed with the appropriate legal action, such as a civil suit, consumer complaint or cheque bounce complaint, using the notice as evidence of your attempt to settle.
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