FORMAT OF LEGAL NOTICE FOR RECOVERY OF MONEY
In this blog, we will learn about sending of legal notice for recovery of money and format for legal notice for recovery of money
INTRODUCTION:
In case of default in payment or when a dispute arises where a person has to recover the debt which is due to the defaulter, a legal remedy is available to that person. This remedy is known as money recovery. The money recovery includes acts like a collection of due debts, dues receivable, and/or handling of bounced cheques.
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The first step in the process of money recovery is to send a legal notice to the defaulter. Sending a legal notice for recovery of money is considered to be the first step since most of the time, the money recovery cases get resolved in this very first stage itself, and the deprived person does not necessarily need to proceed to the Court. For the purpose of recovery of money, a suit can be filed relating to the money recovered under Order 37 of CPC 1908. In this process of money recovery, legal notice plays a pivotal role.
LEGAL NOTICE:
A Legal notice for recovery of money is an official intimation between the parties, which is sent by the deprived party, warning the other before any legal action is initiated to get the due payment. Such notice for the recovery of money can be filed by anyone, from a dealer to an employee, a tenant, friend, company, bank, etc.
From the day of receiving the said notice, the defaulter has 15 days to refund. Failing which, a complaint is registered in Court, or a person can lodge an FIR to the nearest Police Station.
DRAFTING OF A LEGAL NOTICE:
The steps or the essential conditions to draft a valid legal notice are as follows.
- The legal notice for recovery of money should be drafted in the letterhead of an advocate.
- The gist of the notice should be specific and proper.
- It should contain the correct address and contact details of the advocate who is drafting the legal notice.
- The notice should clearly state the date on which the said legal notice is been issued, including the name, address, and contact details of the person to whom the legal notice is issued, i.e., the defaulter.
- The said legal notice for recovery of the money goes from the client’s side. Hence it should properly mention the name and details of the client.
- The said legal notice should clearly specify as to how the right of the aggrieved person has been infringed due to the act(s) or any omission by the opposite party and for that what remedy the aggrieved person is seeking from the defaulter.
- A clear direction must be provided to the opposite party, along with a time limit.
- The said legal notice must be signed by the advocate and the sender, it should also mention the date on which it is drafted.
In the process of making a legal notice for the recovery of money, no set of rules is applicable. Needless to mention that, the legal notice must be prepared and signed by a lawyer on behalf of his/her client, with all the necessary information that have been mentioned above. As soon as the notice is drafted, it should be read and examined properly by the client. After which, it will be sent to the opposite party, i.e., the defendant. If within the period of time specified in the notice, no movement or action is taken, a criminal or civil suit or a suit for recovery of money can be filed against the defendant before a competent court having jurisdiction.
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ESSENTIAL DOCUMENTS WHICH ARE REQUIRED FOR LEGAL NOTICE FOR RECOVERY OF MONEY:
The documents which are scrutinized while drafting a legal notice for recovery of money are mentioned below:
- Affidavit of proof of the disputed money lent or owed to the aggrieved employee.
- In case of recovery of money from the employer, there should exist an employment agreement that clearly states the particular amount that the employer promised to give the employee in exchange of required service.
- Any other proof of money owed to the aggrieved employee.
IMPORTANCE OF DRAFTING A LEGAL NOTICE:
- A legal notice gives prior intimation to the defaulter.
- A legal notice increases the efficacy of the litigation procedure.
- Sometimes by just sending a legal notice, an issue can be solved. It can control the need for proceeding with the litigation.
Employees are often unaware of their rights, and this often causes exploitation by employers. Exploitation which are faced by some of the workers come in the form of delay in payment or a non-payment of salaries, incorrect terminations etc.
In the event of a delay in payment or non-payment of salaries, the employee may send a legal notice to his or her employer and demand payment for services provided by him or her.
In case of any kind of dispute with the employer, one can lawfully send a legal notice to the employer before taking the matter to Court, which is the last resort. Sometimes the disputes regarding services and employment get easily settled once the notice or employer receives a legal notice from the aggrieved employee.
READ MORE: LEGAL NOTICE FOR RECOVERY OF MONEY| HOW TO DRAFT A LEGAL NOTICE FOR RECOVERY OF MONEY
A SAMPLE FORMAT OF LEGAL NOTICE FOR RECOVERY MONEY- 3 MONTH’S SALARY OF AN EMPLOYEE IS AS FOLLOWS:
YTU Pvt. Limited Dated 04.06.2021
Mr. A. Patel
Sir,
Under the instructions from and on behalf of my client Mr. Vinod Pratap, who is a Resident of 30/8, S.N.T. Road, Kolkata – 700068, I do hereby serve you with the following legal notice:
- That you appointed my client Mr. Pratap on 10.01.2021 via e-mail by providing an offer letter dated 09.01.2021 as an Assistant Secretary and the salary of my client was fixed at Rs. 15000/- per month.
- That my client joined your office on 01.02.2021, after joining he got the hard copy of the offer letter as well.
- That after joining, he also received an employee Identity Card against his name.
- That being a dedicated employee, my client Mr. Pratap was very diligent, punctual, and sincere in terms of his duty. Very quickly he had also built a good reputation in your reputed company. He used to work very hard, and not only that, he has not taken a single day off in the last three months.
- That even after the successful completion of three months, you abstained from paying any kind of remuneration to my client. Whenever my client went to your office to ask about the pending salaries, you never paid any heed and somehow always managed to ignore any such conversations with my client Mr. Pratap.
- That being the employer, it was your responsibility to ensure that every person working under you is getting every month’s salary as promised.
- That you, being the Notice or employer, had not fulfilled any conditions as per the employment contract and suddenly one day declared ‘stop-work’ to my client without showing any proper ground for such action and according to the Employment Contract, being the employer you are supposed to give one month notice period before the termination of the services of my client.
- Even during the termination of the services of my client, you being the Noticee or employer, did not pay the salary for the month since February to May 2021, and as per the employment contract, 1 extra month salary also needs to be paid to my client. But you abstained from paying any amount.
- That my client visited your good office from time to time for his due payment and other related issues and even called you many times, but you refused to pay the amount ofRs. 45,000 as 3 month’s salary is pending and also some other charges which my client spent while doing fieldwork for your company.
- That being the Noticee or employer, you are unnecessarily causing harassment to my client by not paying salary to him, and the same is a punishable offense. You did not provide any other employment benefits such as Provident Fund, Gratuity, Mediclaim, etc., to my client. You also did not pay any amount of bonus and/or other service benefits to my client.
- That my client is entitled to recover the outstanding payment and other benefits from you.
- That so far you have not even paid a penny to my client.
I, therefore, call upon you through this Notice to clear the payment of the Rs. 45,000/- to my client Mr. Pratap along with interest either in cash or cheque or by demand draft, whichever is your choice, within the period of 15 days. Please note that in case you fail to comply with the same, I, on behalf of my client, will be bound to take appropriate legal action against you in the respective Court of Law and in that event, you shall be completely responsible for all kind of risks, responsibilities, expenses, and consequences as well.
A copy of this notice is being kept in my office for record and further reference if required. You are also advised to do the same.
_________
Advocate
The above was a sample format of legal notice for recovery of money. Hope the above blog helpful for you, please let us know in case of any discrepancies in above article. We help people, organizations and other entities for recovery of money by sending a legal notice and through courts. Lets Connect today!
For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274