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How to Send a Legal Notice In BC
People often send legal Notices in Civil matters in cases of violation of agreements, marital issues, negotiable instruments, etc. A notice is a beneficial way of saving money and time for the parties and gives them a chance to resolve the problems with a common consensus. This article will provide extensive information on all the essential aspects of sending a legal notice in BC.
A legal notice is a formal document or an intimation sent by one party to another to resolve a dispute. It is a formal communication where you tell the other party that you intend to take legal action against them. A legal notice usually comprises a demand or a request for the recipient to stop participating in a particular activity and outlines the consequences if they fail to do so. It is a step taken before you file a lawsuit.
The person who sends a legal notice is called Sender, and the person to whom a notice is being served is called an Addressee. A notice allows the Addressee to present his side of the story through an amicable method without recourse to the court.
- Property dispute: If you face a property dispute and the other party is not cooperating, you may send them a legal notice. The common issues of Property where notices can be sent are:
● Issue of partition between family members
● Delay by a builder to provide possession of a property
● Eviction of a tenant
- Cheque bounce: You may also send a legal notice when someone has dishonored a cheque that they have issued to you.
- Consumer complaint issues: Legal notices in Consumer Cases are filed in issues such as complaining about defective products, services, or any false advertisement which is misleading to the public. You may have purchased a defective product or not received the services you paid for. In such cases, you can send a legal notice to the company asking them to either refund your money or provide the services they had agreed to.
- Complaints against an employer: You may also send a legal notice to your employer if you have any issues at work, such as:
● Wrongful termination
● Sexual harassment
● Abuse of power
● Non-Payment of Salary
- Complaints against an employee: If you are an employer you can send a legal notice when you have issues with an employee such as;
● not following company policy,
● not completing their work,
● sexual harassment,
● Infringement of the terms and conditions of the employment agreement
- Personal dispute: If you have a personal dispute with someone and have tried to resolve it but were unsuccessful, you can send a notice, such as:
● Custody of the Child
● Restitution of Conjugal Rights
● Violation of Prenuptial agreement
STEP 1 - Contacting a Lawyer: The first step toward sending a legal notice is to get a skilled lawyer on board.
STEP 2 - Sharing Information: Once you have found the right lawyer, all the information related to the case should be explained in detail to them, like the name of the parties, addresses, grievances, issues, and the relief sought.
STEP 3 - Providing the Documents: All required documents are provided to the lawyer to file the Notice.
STEP 4 - Drafting: The Lawyer drafts the Notice in the Legal Language, mentioning why the notice is sent, information about previous communications, and a stipulated time given to the Addressee to reply.
STEP 5 - Signing and Dispatch: The notice is duly signed by the Sender and lawyer and dispatched to the opposite party through a registered post or courier. The acknowledgment receipt of the courier is retained. The lawyer also keeps a copy of the Notice for future reference.
It is always crucial to reply to the Legal Notice in the stipulated time as not responding could be a disadvantage to the Addressee. The following points are to be kept in mind once a notice is received:
● Read the notice thoroughly: The first and foremost thing to do is to read the Notice thoroughly and comprehend its meaning. It is essential to understand every word of the legal Notice as it would help in formulating an apt reply. If the Addressee feels that the facts stated in the Notice are false, he should state his facts in his reply. Also, if one thinks that the concerns of the Notice can be solved amicably, they should communicate with the Sender immediately.
● Seek legal help: It is always advisable to take legal help as soon as a notice is received. A lawyer would be able to tell you what your legal options are and also help you draft an appropriate reply.
● Send a well-drafted reply: It is advisable to send a well-drafted response to the legal Notice received. Once your lawyer has drafted a reply, it should be sent through a registered post or courier, and the receipt of the post should be kept. A copy of the reply shall be kept for future reference.