In short
- A legal notice is a formal letter, usually sent through an advocate, setting out a claim against you and what the sender wants.
- It is not a court order or a summons. But it can be an important step before a case, and some notices have legal deadlines attached.
- Reading it carefully, noting the date you received it, and gathering your documents are the usual first steps.
- Notices that arrive only on WhatsApp or email and demand immediate payment call for caution. Fake "legal" and "police" notices are a common scam.
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02What the law says
In most disputes, a legal notice isn't legally required, but people send one to state their claim and give the other side a chance to respond before going to court. In some situations, a notice is a legal step in itself. For example:
- Cheque bounce: under Section 138 of the Negotiable Instruments Act, the person who received a bounced cheque must send a demand notice, and the cheque's issuer then has 15 days to pay to avoid a criminal complaint.
- Claims against the government: Section 80 of the Code of Civil Procedure generally requires advance notice, for a set period, before suing the government or a public officer.
A reply to a legal notice is generally not compulsory, but what you say in any reply can later be used as evidence. A notice is different from a court summons, which comes from a court, carries a case number and a hearing date, and needs to be acted on. See the guide on court summons.
03Where you can go
- Your own records. The documents the notice refers to.
- An advocate, to review the notice and any reply, especially if it mentions a deadline, a cheque, a court or the police.
- The sender's advocate, to verify the notice is genuine, using contact details found independently. Advocates are enrolled with their State Bar Council.
- Cybercrime helpline 1930 or cybercrime.gov.in (opens in new tab), for a suspected fake notice or "digital arrest" scam.
04How it usually works
- 01
People usually note how and when the notice reached them, and keep the envelope or email.
- 02
They identify what kind of notice it is, who sent it, what they claim and any deadline.
- 03
They gather documents: agreements, payments, messages and receipts.
- 04
Many people have an advocate review the notice before replying or paying anything.
- 05
If the dispute isn't resolved, the sender may file a case. A summons would then come from the court.
05Time limits
- The notice may give a deadline, such as 15 days. Some, like a cheque bounce demand notice, have legal consequences if not met. Others are the sender's own demand.
- A court summons, if one follows, states a date to appear.
06Documents to gather
- The notice, envelope or email, with the date received
- Agreements, invoices, receipts and payment records relevant to the claim
- Messages and emails with the sender
- Any earlier notices or replies
07Common questions
08Questions to ask an advocate
If you speak to an advocate, these questions can help make the conversation useful.
- What kind of notice is this, and is any deadline in it legally binding?
- Should I reply, and what should and shouldn't be in the reply?
- What happens if the sender files a case?