There are several occasions when a person or an entity needs to take a legal action against another person or an entity and it is important for you to inform the other person that you are going to initiate a legal action against them.
A Legal notice is, therefore, a formal correspondence to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your complaint.
One of the simplest reasons to comprehend why legal notices are used deals with fairness. For a lawsuit to proceed, it is easy to understand that the party being sued needs to be notified that they are being sued. From here on, this party can then do the essential steps to defend themselves, i.e. contract a lawyer and decide how to respond to the notice of the lawsuit.
Legal notices therefore are extremely important. They inform a party that they are being sued and serve as an indication that this party now needs to take action to defend him or her.
The legal notice is not mandatory in all cases. Certain statutes prescribe the issue of a legal notice before filing any case before a court of law. There are certain legislations that make it mandatory to file a legal notice before filing any litigation otherwise that litigation will be bad in law. For example, S80 of the Civil Procedure Code (CPC) provides the issue of a legal notice prior to suing. S138 of the Negotiable Instruments Act makes it mandatory to send a cheque bounce notice before knocking on the court’s door.
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