Why a Legal Notice Solves More Disputes Than a Lawsuit

Why a Legal Notice Solves More Disputes Than a Lawsuit

A legal notice records the demand, fixes the date from which the other side was on notice, and creates a document that will later be read by a judge. It also gives the recipient a last opportunity to settle without the cost and delay of a suit.

What it must contain

The particulars of both parties, the facts and the contractual obligation relied upon, the specific breach with dates, the exact amount or performance demanded, a deadline for compliance – usually fourteen days – and a statement that proceedings will follow at the cost of the addressee.

How to send it

Send by courier and by registered post with acknowledgement due, and keep the receipts. Where the address is uncertain, send to every known address. Service is frequently disputed, and the receipts are your proof.

What to avoid

Do not overstate the claim: the notice becomes an exhibit and an exaggerated demand damages your credibility at trial. Do not use abusive or threatening language. Do not threaten criminal proceedings to enforce a purely civil debt – that can rebound badly.

When to skip it

Where limitation is about to expire, or where the other party is likely to dispose of assets on receiving notice, file first and negotiate later. In some statutory schemes, such as consumer complaints, notice is mandatory – there the question does not arise.

No Comments

Understanding SocialĀ Development
and Learning to Empower
Tomorrow's Leaders

Latest Posts

Latest

More
More