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Is It Mandatory To Send Legal Notice For Recovery Of Money?

  • Writer: Lead India
    Lead India
  • Aug 1, 2023
  • 3 min read

It may be claimed that sending a legal notice is the first step in the legal procedure and that it serves as the basis for almost all legal proceedings in India. Legal notifications are documents that have been expertly drafted and are issued by the party who has been wronged, which may be an individual or an organization. It is sent to alert the recipient of anything that the recipient's actions or inactions have caused to hurt the sender. A legal notice explains the situation and informs the recipient of the possibility of a lawsuit being brought if the sender's complaint is unsatisfactory.

A legal notice informing an individual or an organization of the prospective legal action that may be launched against them may be given. The notification is given with enough time for a response from the party. It serves as the recipient's last warning and, if rejected, might lead to official legal action.

When is a lawyer notice for money recovery necessary to be sent?

The first step in retrieving the money when someone's wrongdoing prevents it from being done so is to serve a legal notice on the infringing party. The importance of the legal notice may also be deduced from the likelihood that it will serve as a warning to the recipient of the notice that may have, either intentionally or unintentionally, resulted in a problem for the sender. Additionally, the majority of cases are resolved before a formal notice is delivered to seek payment. However, one may go to court to seek a legal remedy to recover the money owed if no decision is made. Before you file a complaint with the relevant court, a legal notice must show that you made an honest effort to resolve the problem on your own behalf.



Even though it is not required in all civil proceedings, issuing a legal notice is done out of caution. This is due to specific legislative regulations that demand that legal notice be sent before a lawsuit may be filed. Here are some examples of those occurrences:

  • If the defendant in the lawsuit is the government, a legal notice must be sent, according to Section 80 of the Code of Civil Procedure. In other words, before filing a lawsuit, a person who believes that a government employee has infringed on their rights must first issue a legal notification.

  • Legal notice must be issued in the event that a cheque is not honored.

  • According to the rules of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), a legal notice must be delivered to the defaulter during debt collection operations.

  • If the employee is in any way denied his wage, the employer is required to provide him with legal notice.

  • In addition to this, legal notice must be provided in situations involving money recovery, division, eviction, etc.

Contents of a monetary recovery legal notice

The following is what a legal notification says:

  • The legal notification must be prepared correctly and concisely on the advocate's letterhead.

  • The advocate's address and phone number(s) should be listed.

  • The legal notification should provide the name, address, and telephone number of the receiver and the date on which it was sent.

  • The legal notification for the money recovery is coming from the customer; hence, the client's name and contact details should be provided.

  • The violation of one's rights by the other party's conduct or omission must be explicitly stated in the notification, together with the remedy the person is requesting as a result.

  • Simple, clear language should be used while writing the message.

  • The text of the legal notice should be divided into such paragraphs as shall be necessary to enable the opposing party to understand what occurred from his perspective.

  • A precise instruction and a timeframe must be given to the opposition party.

  • The notice must be acknowledged by both the sender and the attorney, along with the date.

Issuing legal notifications is the most crucial step before filing a lawsuit since it may lead to an out-of-court settlement. The effectiveness of a legal notice depends on the lawyer's writing skills and the importance of the information contained in it.

Lead India provides data, legal services, and free legal advice online. Ask a legal question and talk to a lawyer is the best course of action in this situation.


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