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Stamp Paper & Legal Documents

Legal Notice: Format, Contents and How to Send One

A legal notice is a written demand sent before court action, stating the facts, the claim and a deadline. An advocate usually sends it by Speed Post.

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Written by Aarav Sharma

Published 20 October 2026·7 min read

On this page9 sections
Credsir Stamp Paper & Legal Documents guide cover with a stamp icon

A legal notice is a formal written demand sent to a person or company before you go to court. It sets out the facts, what you want and a deadline to comply. Most notices are drafted and signed by an advocate and sent by Speed Post with proof of delivery, so you can show the court the other side was warned.

Key facts

Item Detail
Stamp paper Not needed; a notice is written on plain paper or an advocate’s letterhead
Suit against the government or a public officer Notice compulsory, and you must wait two months before filing (Section 80, Code of Civil Procedure, 1908)
Cheque bounce Notice within 30 days of the bank’s return memo; the drawer then has 15 days to pay (Section 138, Negotiable Instruments Act, 1881)
Cheque bounce complaint Within one month of the day the 15 days run out (Section 142)
Commercial disputes of ₹3 lakh or more Pre-institution mediation first, unless you seek urgent interim relief (Section 12A, Commercial Courts Act, 2015)
Time to sue for money lent Three years from when the loan was made (Article 19, Limitation Act, 1963)

For most private disputes, such as unpaid dues, a deposit a landlord will not return or a defective service, no law forces you to send a notice first. People send one anyway because it often settles the matter.

Some laws do make a notice compulsory:

  • Suits against the government. Section 80 of the Code of Civil Procedure bars a suit against the Central or a State Government, or against a public officer for an act done in an official capacity, until two months after written notice is delivered to the named authority. The notice must state the cause of action, your name and address, and the relief you claim. A court can allow an urgent suit without notice under Section 80(2), but must hear the government before granting any relief.
  • Bounced cheques. Under proviso (b) to Section 138 of the Negotiable Instruments Act, the payee must demand payment in writing within 30 days of learning that the cheque was returned unpaid. The offence is complete only if the drawer fails to pay within 15 days of receiving that notice. The punishment is imprisonment of up to two years, a fine of up to twice the cheque amount, or both.

Commercial disputes work differently. For a commercial dispute with a specified value of ₹3 lakh or more, Section 12A of the Commercial Courts Act requires you to try pre-institution mediation before filing, unless you need urgent interim relief. A legal notice does not replace that step.

No statute prescribes one format for a private notice. A clear notice usually has these parts, in this order:

#ItemDetails
1Heading and mode of sending, such as “Legal notice, by Speed Post and email”, with the date.
2Sender’s detailsthe advocate’s name, enrolment number and address, and the client’s name and address.
3Recipient’s detailsfull name, and for a company its registered office and the officer addressed.
4Factsin numbered paragraphs: the agreement, dates, amounts, what went wrong and earlier reminders.
5Legal basisthe contract clause or law you rely on, such as Section 138 for a cheque.
6Demandthe exact sum or act you want, with interest if the contract allows it.
7Deadlinea clear period, for example 15 days from receipt, and what you will do after it.
8Signatureof the advocate, and often of the client, with a list of documents enclosed.

For a notice under Section 80, follow the statute exactly. Address it to the authority the section names, such as the Secretary to the Government or the Collector of the district, and state the cause of action and relief.

A money recovery notice for a personal loan given to a friend might read like this in outline:

  • “Under instructions from my client, [name], I serve you this notice.”
  • “On [date], my client lent you ₹[amount] by bank transfer, reference [number], which you agreed to repay by [date].”
  • “Despite reminders on [dates], you have not repaid any part of the amount.”
  • “You are called upon to pay ₹[amount] with interest at [rate] within 15 days of receipt of this notice.”
  • “If you fail to do so, my client will file a suit for recovery at your cost and risk.”

Keep the language factual. If the loan was repaid with a cheque that bounced, send a separate Section 138 notice within the 30-day window, because that deadline is strict. Watch the three-year limitation period for money lent too, since a notice does not stop that clock.

  1. Collect the documents: agreement, invoices, bank statements, chat or email records and any cheque return memo.
  2. Have an advocate draft the notice, or draft it yourself and sign it.
  3. Print it on letterhead and keep at least one signed office copy.
  4. Send it by Speed Post from a post office and keep the booking receipt.
  5. Email a scanned copy to the recipient’s known address as well.
  6. Track delivery on the India Post website and save the delivery record.
  7. Diarise the deadline and the limitation date for your claim.

India Post merged Registered Post into Speed Post from 1 September 2025. PIB Fact Check said at the time that the legal validity and acknowledgement features continue within Speed Post. Courts have accepted email and messaging service in several cases, but a postal delivery record is still the proof most judges expect.

Read the notice with the documents it mentions and note the deadline. Most private notices do not legally oblige you to reply, but silence can be read against you later. A reply is usually worth sending when the facts stated are wrong.

  1. List each allegation and mark it admitted, denied or not known.
  2. Collect proof that contradicts the claims, such as payment receipts.
  3. Reply in numbered paragraphs, answering the notice paragraph by paragraph.
  4. Deny wrong statements specifically; a general denial carries little weight.
  5. State your own claims, if any, and reserve your rights.
  6. Send the reply the same way, by Speed Post and email, and keep proof.

If the notice concerns a bounced cheque, the 15-day payment window matters more than a reply. Paying within it avoids the offence.

What happens if a notice is ignored

A notice has no force of its own. If the deadline passes, the sender can file a civil suit, a cheque bounce complaint, a consumer complaint or another case the law allows. For a cheque, the complaint must be filed within one month of the day the 15 days end, under Section 142(b). Against the government, the suit can be filed once the two months under Section 80 are over.

For disputes with a bank or lender, the RBI route may be quicker; see how to complain to the RBI Ombudsman. If a lender’s agents are harassing you, read our page on recovery agent harassment. For property disputes, the property legal due diligence checklist lists the documents to gather. This page is general information; for a large claim or a notice you have received, speak to an advocate.

Frequently asked questions

No. A notice is a letter, usually on the advocate’s letterhead or plain paper. Stamp paper is for instruments such as agreements and deeds.

Yes. No law requires an advocate for a private notice. A lawyer helps get the legal basis and deadlines right, especially for cheque bounce and government cases.

How many days does the other side get to reply?

For private notices, the sender sets the period, commonly 15 or 30 days. The law fixes it in some cases: 15 days to pay after a cheque bounce notice, and two months before suing the government.

Courts have accepted email and messaging service in several cases where delivery could be proved. Sending by Speed Post as well gives you the strongest proof.

What is the time limit for a cheque bounce notice?

30 days from the date you receive information from the bank that the cheque was returned unpaid, under Section 138(b) of the Negotiable Instruments Act.

No. The Limitation Act clock keeps running, so for money lent you must file within three years from when the loan was made, whatever notices you send.

What if the recipient refuses to accept the notice?

Keep the returned envelope and the postal remark. Courts often treat a refused notice as served, but take an advocate’s view on your facts.

Sources

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