Most disputes between businesses, landlords and tenants, employers and employees, and buyers and sellers start with a legal notice. Many also end with one. A clear notice, with the documents behind it, often produces a payment or a settlement that a dozen reminder e-mails did not.
The notice also matters later. If the case goes to court, the notice and the reply are usually the first documents the judge reads. A notice that overstates the claim, or a reply that ignores the main allegation, can follow a party through the whole case. This guide explains when a notice is legally required, what goes into one, how to send it, how to reply, and what follows if the other side stays silent.
What a legal notice is
A legal notice is a written communication from one party to another that sets out the facts, the legal basis of the claim, what the sender wants, and the time given to comply. It is normally drafted and signed by an advocate on the client's instructions, on the advocate's letterhead, although the law does not require that in most cases.
There is no government fee to send a legal notice, and no court is involved at this stage. The cost is the professional fee for drafting and the postage. Court fees arise only if a case is later filed.
A notice from the GST department or the Income Tax Department is a different thing. It is a statutory notice from an authority, and it needs a reply on the government portal within the time the notice gives. Our GST notice action plan covers that kind.
When a legal notice is mandatory
In most private disputes a notice is advisable but not required. In a few situations the law makes it a precondition, and skipping it, or sending it late, can cost you the remedy itself.
Suits against the Government: section 80 CPC. Section 80(1) of the Code of Civil Procedure, 1908 says no suit shall be instituted against the Government or a public officer, for an act done in the officer's official capacity, until two months have expired after a notice in writing has been delivered to, or left at the office of, the authority the section names. The notice must state the cause of action, the name, description and place of residence of the plaintiff, and the relief claimed. The plaint must then say that the notice was delivered.
Section 80(2) allows a suit for urgent or immediate relief to be filed without the notice, but only with the court's leave, and the court will not grant relief until the Government or officer has had a reasonable opportunity to show cause. Section 80(3) protects a notice with minor errors: the suit is not dismissed for a defect if the plaintiff can be identified, the notice reached the right office, and the cause of action and relief were substantially indicated.
Cheque bounce: section 138 NI Act. A dishonoured cheque becomes an offence under section 138 of the Negotiable Instruments Act, 1881 only if three conditions in the proviso are met:
- the cheque was presented to the bank within six months of the date on which it was drawn, or within its period of validity, whichever is earlier;
- the payee or holder in due course made a demand for payment by a notice in writing to the drawer within 30 days of receiving information from the bank that the cheque was returned unpaid; and
- the drawer failed to pay within 15 days of receiving that notice.
Only then can a complaint be filed. Under section 142(1), the complaint must be in writing by the payee or holder in due course, and made within one month of the date the cause of action arises, that is, after the 15 days run out. The court may take a late complaint if the complainant shows sufficient cause. The offence is tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class, and is punishable with imprisonment of up to two years, a fine of up to twice the amount of the cheque, or both.
Operational debt under the IBC. An operational creditor, such as a supplier or service provider, who wants to start insolvency against a corporate debtor must first deliver a demand notice under section 8 of the Insolvency and Bankruptcy Code, 2016. The debtor has 10 days from receipt to point to an existing dispute or prove payment. The application under section 9 can be filed only after those 10 days. The minimum default for starting insolvency is ₹1 crore, fixed by notification S.O. 1205(E) dated 24 March 2020, so this route is for larger claims.
Contract clauses. Many agreements require written notice before termination, before claiming damages, or before starting arbitration. Read the notice clause first. It may fix the address, the mode and the period to cure the breach, and a notice that ignores it can weaken your position. When you draft a service agreement or any legal contract, set out the notice clause carefully, because it governs every dispute that follows.
Common notice types and their statutory time limits
| Notice type | Law | Time limit for the notice | Time given to the other side | What follows |
|---|---|---|---|---|
| Suit against the Government or a public officer | Section 80, Code of Civil Procedure, 1908 | Before filing the suit | Two months after delivery before the suit can be filed | Civil suit; urgent relief only with the court's leave |
| Cheque bounce demand | Section 138, Negotiable Instruments Act, 1881 | Within 30 days of the bank's information that the cheque was returned unpaid | 15 days from receipt of the notice to pay | Complaint before the magistrate within one month after the 15 days (section 142) |
| Operational creditor's demand | Section 8, Insolvency and Bankruptcy Code, 2016 | After default; minimum default ₹1 crore | 10 days from receipt to show a dispute or prove payment | Application under section 9 after the 10 days |
| Ending a month-to-month tenancy | Section 106, Transfer of Property Act, 1882 | Before the tenancy is to end | 15 days' notice | Eviction proceedings, subject to any state rent law |
| Money recovery or breach of contract | Limitation Act, 1963 | No fixed time for the notice itself | As stated in the notice, commonly 15 or 30 days | Civil suit within the limitation period, three years for most such claims |
The last row is the one people get wrong. Sending a notice does not stop the limitation clock. Under the Limitation Act, 1963, most civil claims, including the residuary category under Article 113 and suits for specific performance under Article 54, must be filed within three years, counted from the point the relevant article fixes. A notice sent in the last weeks leaves no room to negotiate.
Tenancy notices are also governed by state rent laws, which can add their own conditions. Check the law of the state where the property is before you send one.
What a legal notice should contain
- Sender and recipient. Full names, addresses and, for a company, its registered office. For an individual, give every address you have.
- The facts, in order. Dates, amounts, invoice or agreement numbers, and what was promised and not done. Short numbered paragraphs work best.
- The documents relied on. The contract, invoices, purchase orders, the cheque and the bank's return memo, and earlier e-mails or messages.
- The legal basis. The contract clause or the statute under which the claim arises.
- The demand. Exactly what you want: a sum with interest where the contract provides for it, performance, return of goods, vacating premises.
- The deadline. A clear number of days, or the statutory period where one applies, such as 15 days for a cheque bounce notice.
- What happens next. A plain statement that you will take legal action if the demand is not met. Do not threaten what you cannot do.
- Signature and date. By the sender or the advocate acting for them.
For a section 80 notice, the statute lists the minimum contents: cause of action, the plaintiff's name, description and place of residence, and the relief claimed. For a cheque bounce notice, the demand must be for the amount of the cheque. Adding other sums can invite an argument that the demand was not the one the section requires, so keep any separate claim separate.
How to send a legal notice
The aim is simple: you must be able to prove later that the notice was sent, to the right address, on a known date, and ideally that it was received.
- Registered post with acknowledgement due, or speed post. These are the standard modes, because the postal receipt and the delivery record show dispatch and delivery. Keep the receipt, the tracking printout and the returned acknowledgement card.
- E-mail. Send a copy to the e-mail address you have been dealing with. Rely on e-mail alone only where your contract allows notices by e-mail.
- Messaging apps. A copy on the app you have used with the other side is useful supporting evidence, not a replacement for the post.
- Hand delivery. Where used, get a signed and dated acknowledgement on a copy.
- Refused or returned post. Keep the unopened envelope with the postal remark. It is part of your evidence.
For a section 80 notice, deliver it to, or leave it at, the office of the authority the section names for that government. For a cheque bounce notice, count the 30 days from the date you received the bank's information, not from the date on the cheque, and post it well inside that window.
Step by step: sending a notice
- Step 1: Check the clock. Is a statutory window running, such as the 30 days for a cheque bounce notice or the limitation period for the claim?
- Step 2: Read the contract. Note the notice clause, the dispute resolution clause and any interest clause.
- Step 3: Collect the documents. Contract, invoices, ledger, cheque, return memo and correspondence.
- Step 4: Get the notice drafted. Facts, legal basis, demand and deadline, signed by the advocate.
- Step 5: Dispatch. Registered post or speed post to every known address, with an e-mail copy.
- Step 6: Track and file. Keep the proof of dispatch and delivery with a copy of the notice.
- Step 7: Decide the next step on the deadline. Settle, negotiate, or move to the forum that fits the claim.
For unpaid invoices and loans, our recovery notice service starts from ₹1,999, plus GST. For other disputes, the legal notice fee is quoted in writing after we review the case.
How to reply to a legal notice
The law does not fix one reply period for an ordinary legal notice. The notice itself usually gives a deadline, and replying within it puts your version on record before anyone goes to court.
Read it for the deadline first. If it is a cheque bounce notice, the 15-day payment window under section 138 is the most important date in the matter. Paying within those 15 days means the offence is not completed.
Collect your own documents. The contract, delivery records, payment proofs, correspondence and anything that shows your side.
Answer every allegation. Admit what is true, deny what is not, and give your version with documents. An allegation left unanswered can later be described as unchallenged.
Raise any counter-claim. If the other side owes you money, or breached first, say so in the reply.
Keep the tone factual. A reply is evidence. Abuse or threats in it help no one.
Send it the same way. Registered post or speed post, with an e-mail copy, and keep the proof.
What happens if a notice is ignored
Ignoring a notice does not make the claim go away. The sender can file a civil suit for recovery or for breach of contract, a consumer complaint where the dispute is with a seller or service provider, or a complaint before the magistrate in a cheque bounce case once the 15 days have passed.
Silence has a cost even in a civil matter. The sender will point to the notice and the absence of any reply as showing that you had no answer at the time. For an operational creditor's demand under the IBC, failing to point to a dispute within 10 days opens the way for an application under section 9.
If you are the sender and the other side ignores your notice, do not wait. Diary the deadline, and when it passes take the next step that fits the claim while the limitation period still has room.
Common mistakes
- Missing the 30-day window on a bounced cheque. Count from the date you received the bank's information. A late notice can end the criminal remedy.
- Mixing other claims into a section 138 notice. The section requires a demand for the amount of the cheque. Keep other claims in a separate notice.
- Filing against the Government without the section 80 notice. Unless the court gives leave for urgent relief, the suit cannot be instituted before two months expire.
- Wrong address. Send to the registered office for a company and to every known address for an individual.
- No proof of dispatch. A notice you cannot prove was sent is close to no notice at all.
- Ignoring the contract's notice clause. Use the mode and address the contract specifies, in addition to the post.
- Treating a notice as stopping limitation. It does not. File within the period.
- Not replying. A short, careful reply is almost always better than silence.
How Regikart helps
An advocate we work with drafts, signs and sends the notice or the reply. Regikart gathers the facts, documents and figures, checks whether a statutory deadline is running, and tracks dispatch and delivery. For businesses, we can also review the notice and dispute clauses in your existing agreements, so the next dispute starts from a clear contract.
Frequently asked questions
Is a legal notice mandatory before filing a case?
Not always. It is required before a suit against the Government or a public officer under section 80 of the Code of Civil Procedure, 1908, and before a cheque bounce complaint under section 138 of the Negotiable Instruments Act, 1881. Many contracts also require notice. In other disputes it is optional but usually advisable.
What is the time limit for a cheque bounce notice?
The written demand must be sent within 30 days of receiving the bank's information that the cheque was returned unpaid. The drawer then has 15 days from receiving the notice to pay. If payment is not made, the complaint must be filed within one month after those 15 days end, although the court can admit a late complaint for sufficient cause.
How long must I wait after a section 80 notice?
Two months from the date the notice is delivered to, or left at, the office of the authority named in section 80. A suit for urgent or immediate relief can be filed earlier, but only with the court's leave.
Can a legal notice be sent by e-mail?
E-mail is useful as a copy, and some contracts allow notices by e-mail. The standard modes are registered post with acknowledgement due or speed post, because the postal record proves dispatch and delivery. Use both where you can, and keep every receipt.
How many days do I have to reply to a legal notice?
The law does not fix one reply period for an ordinary legal notice. Reply within the deadline the notice gives, commonly 15 or 30 days. For a cheque bounce notice, the 15 days to pay are statutory and critical.
What happens if I ignore a legal notice?
The sender can file a civil suit, a consumer complaint or, for a bounced cheque, a complaint before the magistrate. Your silence can be used to suggest you had no answer at the time. A short, factual reply is almost always better.
Does sending a legal notice extend the limitation period?
No. Under the Limitation Act, 1963, most civil claims must be filed within three years from the point the relevant article fixes. A notice does not pause that period, so send it early.
Is there a government fee to send a legal notice?
No. You pay the professional fee for drafting and the postage. Court fees arise only if a case is later filed, under the court fee law of the state where it is filed.
About the author
Regikart CS Team
Company Secretaries at Regikart. Want to discuss this in the context of your business?
