Legal conflicts may occur anytime in life; whether it is a business, property, work related or even personal relations. Communication is one of the initial phases in the process of settling any legal concern. In the Indian law this normally commences with a legal notice or a court notice. These words are interchangeably used although they are quite different in terms of their purpose and legal implications. It is important to know the difference between a legal notice and a court notice by anyone contemplating or undergoing a legal/court action.
This will be discussed in the following blog on what the terms imply, how they operate and why it is expected to hire experts to handle a legal notice.
What is a Legal Notice?
A legal notice can be defined as corresponding written notice issued as a mere formality till it can be presented under the court of law. It is considered as a last chance or a last attempt to make the case amicable or a chance of settling the case before court. The legal notice is normally registered by an advocate and it contains the details of the grievances, demands and the legal proceedings of what will follow in case the matter is not settled within a legal notice period.
Take an example given, a tenant does not pay the rent, the landlord can issue a notice asking him to pay the rent, or give up the house within 15 days. When there is neglect, then the landlord is at liberty to file a case in the court.
What is a court notice?
A court of law is the one who directly issues the court notice. It is a notice issued by court or it is also known as summon, a hearing or legal obligation. A court notice requires you or addressee to be present before the court, and plead to a legal action or file any kind of document necessary.
A court notice, as compared to a legal notice is not an optional and preventive notice but a mandatory notice supported by a legal authority of the court system of which the judiciary is part. Failure to obey court order may result in serious punishments, unfavourable verdicts or even imprisonment in others.
Differences between Court Notice and Legal Notice
| Aspect | Legal Notice | Court Notice |
| Issued By | An individual or lawyer | A court or judicial authority |
| Purpose | Pre-litigation communication | Official legal summons or direction |
| Legal Standing | Not important but advisable | Mandatory with legal consequences |
| Response Time | As per legal notice period mentioned | As directed by the court |
| Involves Lawyer | Drafted by legal notice lawyers | Often requires legal representation in court |
Importance of Legal Notice in Dispute Resolution
The sending of a legal notice can be used for a number of reasons:
- It leaves a record of your trying to resolve the dispute, amicably.
- It serves the other party formal notice that you are going to take legal action.
- It gives the other party an opportunity to react and perhaps resolve the issue out of the court.
- It helps to make you stronger in demand of the case is brought before a court
Hiring skilled lawyers for legal notice to sue or legal notice substantiates that the language, allegations and deadlines are occasioned within the confines of the law and appropriately stated. Other clients seek the hiring of legal notice lawyers so that the language they use does not become emotional or accusative which may end up undermining the case in the future.
When do You Need a Legal Notice?
- Land conflicts (e g: unlawful holding or land encroachments)
- Cheque bounce litigation under the provision of the Negotiable Instruments Act Section 138 1981
- Employed issues (e.g. failure in honouring a contract or dismissal without warning)
- Defective products or poor services complaints by the consumers
- Family law problems namely divorce, child custody, or maintenance
In every one of these, a legal notice lawyer would be capable of preparing and serving the notice on behalf of you, with guaranteeing the notice to be sent in accordance with law. When the issue is a legal one, the notice period varies between 7 and 30 days.
What Steps You Can Take When You Receive a Legal Notice?
It does not end with a legal notice, it rather starts. This is how you are to do it:
- Do not overlook it. Take time to read the notice and find out the claims.
- Talk to some seasoned lawyers who can advise you on the reply to the legal notice.
- Give the response by the required amount of time in the legal notice so as to avert increase in the legal comprehensive.
- In the event that the problem is real, endeavour to resolve it peacefully.
- In case it is without any rationale, your lawyer can compose an appropriate opposition.
It is important to note that a tone and content of your reply is important as much as the original legal notice. That is why a professional legal notice lawyer is a must.
Significance of Court Notice and How to Respond
A court notice is time bound and has a legal implication. It may be in form of summons, warrant or order that requests you to come before a judge or provide evidence.
Should you have a court notice, the steps to be followed are as below:
- Find a lawyer at once.
- Collect the essential documents.
- Take part in the hearing or file in your response thereof.
- One should not delay or at all avoid a court notice because it may result into ex-parte decisions.
Conclusion
Both legal notice and court notice are the implements of the legal process, but they are different in terms of the elementary stage and the ramifications. A notice under law gives the opportunity of disputing issues amicably, whereas a notice under the court implies the commencement or continuation of a formal legal process.
As a sender or recipient of a legal notification, you can never go wrong by having professional legal notice lawyers on your side. So, when you are in the dark about the law, do not hesitate to seek advice of specialized lawyers about the notice of law. As LawChef we provide quick draft services and support you throughout all the procedures of drafting a legal notice period, and beyond.
