Legal procedures are initiated by countless people to settle disputes, recover money, or even make claims of defamation and malicious statements which may have been issued by other parties against them. Regardless of the legal procedure, they are looking to initiate it is essential for the party initiating the process to issue or have issued a legal notice to the offending party.
A copy of the legal notice must also be provided to the court, the attorney of the opposing party and any other individuals who may know the offense which is committed. The court needs to be informed that the offending party had been warned about legal action which would be initiated against them. The attorney of the opposing party also needs a copy of the notice to prepare a defense for their client. Other individuals may be called during the proceedings to provide their view of the matter which could either support or negate the claims being made.
A legal notice is a tool which is important in every right platform because it provides information about the dispute, the kind of actions sought by the plaintiff, the names of the respondents and other witnesses as well as crucial information related to the conflict. It is a fact that the courts will not admit any petitions to initiate actions without initially observing the allegations made in the legal notice.
Legal notices can be sent by individuals or groups against individuals, organizations and even the government when they have substantial evidence that the parties consent have offended them in some way and contravened the laws of the country. They may seek an apology, damages and even financial compensation for the offense committed against them.
People who are aware of how the laws function and are not interested in using the services of an attorney for merely sending a legal notice can find an appropriate solution available for them if they decide to look for legal notice templates which are available over the Internet.
It may be difficult for them to find a template designed precisely for their situation but they will not encounter any difficulties finding suitable templates which can be modified according to their requirements. However, people need to follow certain rules to ensure that the document is organized correctly and presented appropriately.
People need to understand that every legal notice which is sent out does not necessarily result in legal proceedings in the courts of law. It is a fact which is often noted that legal issues are generally resolved immediately when the offending party receives a legal notice. Therefore the sender of the legal notice must ensure he or she prepares the notice in an organized manner which convinces the other party to settle or close the matter without knocking on the doors of the courts.
Key Features Of A Legal Notice Which Must Be Incorporated
- Being a legal document which will be sent to individuals and the courts it should be drafted in a formal language.
- A copy of the letter should be sent to the offending party as well as the courts where the matter will be heard or initiated.
- The offending party must be given a time of 30 days before legal proceedings are initiated.
- The remedies sought for by the offended party must be mentioned in the notice.
- The sender of the legal notice can also mention that he/she is willing to discuss the matter out of court to settle if they are in favor of such actions.
As mentioned earlier in most cases recipients of legal notices are keen to avoid legal proceedings and prefer out-of-court settlements because of the lower costs and the hassle-free solution they can get. However, in some cases, the offending party may decide to challenge the legal notice and be prepared to await judgment from the courts. In these conditions, the offended party must understand that they will be bound by the decision of the court regardless of whether it is in their favor or not.
Example of Legal Notice 1
From: [Name of the Sender Of the Legal Notice],
Contact Details: [Address, Email Address And Telephone Number Of the Sender]
To: [Name of the Offending Party Or Recipient Of the Legal Notice]
Contact Details: [Address, Telephone Number And Email Address Of the Recipient],
Subject: [The Reason Why The Legal Notice Is Being Forwarded],
It is with great consternation that I note that you have been making malicious comments against me without reason. Your comments are causing me irreparable damage and also hurting my reputation immensely.
I am not in a position to bear the loss of reputation because of your malicious comments. I have therefore decided to initiate legal action against you to claim the following:
- An unconditional apology for the comments being made.
- Damages of [amount] for your inappropriate behavior.
I would like to inform you that I have witnesses who are willing to testify against you in a court of law to support my case.
I, therefore, call upon you to contact me immediately with an unconditional apology and the financial damages I am seeking if you wish to discuss this matter further with me. The legal proceedings will be initiated within 30 days unless I receive a call from you to reach an out-of-court settlement.
I look forward to hearing from you soon.
[signature of the sender],
[name of the sender].
Example of Legal Notice 2
Name: [Name of The Sender],
Contact Details: [Address, Telephone Number And Email Address Of the Sender]
To: [Name or Names of The Recipients],
Contact Details: [Address, Telephone Number And Email Address Of the Recipients]
Subject: Legal Notice For Recovery of Outstanding Loan
Our records indicate that you have not made any repayments of the loan of [amount] you borrowed on [date]. The cumulative amount inclusive of interest presently stands at [amount].
This is a letter to intimate you that we intend to initiate legal proceedings for the recovery within 30 days of this letter unless you decide to make a full and final settlement of the accounts mentioned above including any interest which will also be added over the notice period. Initiating legal proceedings have the potential to damage your credit ratings and making it difficult for you to obtain finances from other organizations when needed.
You can contact our office if you wish to reach an amicable settlement for the outstanding amount. You can rest assured of our full cooperation to help you with any assistance to overcome this difficult situation.
[name of the sender]
Legal notices can be sent for various reasons, but they do not have to be threatening or even use foul language just because the plaintiff is offended by something which the respondent may or may not have done. It must be understood by the plaintiff that the final decision rests with the courts especially when a legal notice is challenged by the recipient.