Nowadays, we enter into legal proceedings on a day to day basis and file cases against many individuals or firms. In certain cases, issuing a notice becomes an integral part of such a matter where the other party is intimated that a suit shall be filed. In certain legislations, sending a notice is mandatory before filing a case in the court of law.
It is, therefore, important for us to understand as to what would be the procedure of filing a notice in the court of law or to the concerned individual.
Importance of Filing a Notice
Before deciding anything in relation to a court case or any other important matter related to the law, it is essential that one must file a notice before the court of law or to any individual or a firm and it would be an added advantage as it will save some time and money during the legal proceedings. It may also act as evidence in certain cases where the need for producing a notice arises.
Even though there is no coded procedure it is still important that one follows a proper method for filing the notice in order for it to not stand illegal or void. It is high time that a specific coded procedure is made for the same so that no problem arises in the future.
The following are some types of notices which are generally sent –
- Notices for Tenant Eviction
- Notice against an Employee or the employer of the company
- Notice in relation to cheque bouncing matters
- Notice in regards to consumer dispute
- Notice pertaining to tax payer’s matters and many others
- Notice of retirement by a partner
- Notice Of Dissolution Of Partnership
Procedure for Filing a Notice
Step1: Drafting of a notice
It is the first and the most important step while filing the notice. One should draft the notice keeping in mind all the important details such as the objective of the notice must be stated clearly.
Step2: Copy of the receipt
After you send a legal notice to the other party, one must keep the copy of the receipt as well as the notice which has been sent to the requisite party as a proof of evidence that it has been sent.
Step3: With or without a lawyer
You can always send a notice to the other party without taking the help of an advocate, but one must note that the notice that is drafted should contain only the relevant issues pertaining to the case. However, it is always advisable to hire an advocate before filing a notice.
Step4: Legal language
Proper legal language should be used; no casual words should be used while drafting the notice, and one must be very careful regarding it. If there are words which are not acceptable in the court of law, then it may get rejected. Therefore, one must take the advice of an experienced advocate before taking any further step.
Step5: Wait for the reply
The individual or the firm who has sent the notice must wait for a minimum time period that is 30days to receive the reply from the other party to whom it is sent.
There is no such set of the prescribed procedure for filing of a notice under the law. However, it is always advisable to take measures before filing a notice and one must look into the procedure for filing the notice as well.
Thus, before filing a case against the respondent or any other individual or firm, one must follow the procedure for filing the notice even with regards, to money matters. One must be very careful using the words while drafting the notice which has to be delivered. Also, before taking any further action it is vital that the sender of the notice waits for the reply of the opposite party.