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Pre-action letter sent by lawyer or potential claimant
In India, a pre-action letter/legal notice is ordinarily a notice sent by a lawyer on behalf of his/her client. However, it is not mandatory for a person to send a legal notice through a lawyer. A person himself can send a legal notice on his/her accord without the assistance of a lawyer communicating its intention of initiating a legal action. However, it is advisable to hire a lawyer for this purpose in order to avoid making any mistake, especially in the matters where issuance of pre-action letter is mandatory. A lawyer with good drafting skills can collect information from you and send a notice on your behalf.
A pre-action letter/legal notice must be in writing and must include below mentioned details:
Effectiveness of a pre-action letter
In India, a pre-action letter/notice is considered effective in avoiding the need of legal proceedings as it provides for a platform and a chance to both the parties to reach a consensus without taking the route of the Court proceedings.
It is a well-known fact that the process of litigation consumes lots of money and take long to resolve a dispute. This procedure of sending pre-action letter/notice gives a midways to both the parties to settle the dispute amicably and save their time and money.
Practical tips that should be keep in mind while issuing a legal notice in India: