A legal notice is a formal written communication, sent before litigation, informing the recipient of a grievance and stating clearly what is sought from them — payment, possession, the return of documents, or the cessation of some act.
Key facts
- Usually optional
- But compulsory in some cases, such as cheque dishonour and suits against the government
- Cheque bounce
- Within 30 days of the bank’s return memo; the drawer then has 15 days to pay (Section 138, NI Act)
- Suits against the government
- Notice under Section 80, CPC
- Contents
- Facts, demand, legal basis, time to comply, and what will follow
- Time to reply
- As stated in the notice, commonly 15 to 30 days, unless a law fixes it
Why send one before filing a case
A well-drafted notice can resolve a dispute without the cost and time of litigation — a recipient who understands exactly what is being claimed, and on what basis, sometimes complies rather than face a suit. Even where it does not resolve the matter, it puts the claim on record and can be relevant evidence later.
What it should say
Before drafting a notice, it helps to identify exactly what outcome is sought. A notice demanding payment, one seeking possession of property, and one calling for a party to stop doing something each need different facts and different supporting documents.
What happens after
The recipient may comply, respond with their own position, or not respond at all. Depending on that response, the matter may proceed to litigation, or the notice itself may resolve it.
Frequently asked questions: legal notices
Is a legal notice compulsory before filing a case?
Not in general. It is required in some cases, such as a cheque dishonour under Section 138 of the Negotiable Instruments Act, where the notice has to be sent within 30 days of receiving the bank’s return memo and the drawer has 15 days from receipt to pay, and for suits against the government under Section 80 of the Code of Civil Procedure.
What does a legal notice contain?
The facts, the claim or demand, the legal basis, the time allowed to comply, and the steps that may follow.
How should a recipient respond?
By reading it carefully, noting the date of receipt and the time given, gathering the relevant documents and sending a written reply. Ignoring a notice does not make it go away.
Is there a fixed time to reply?
Other than where a statute fixes one, the time stated in the notice, commonly 15 to 30 days, is what applies in practice.
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This page describes general procedure and does not constitute legal advice. What applies to a particular matter depends on its own facts.