Getting confused between a Legal Notice and a Court Notice is common, but there is a significant difference between them.
Both are necessary to take legal action against the aggrieved party; however, their procedures differ. One involves court interference while the other does not. Let us discuss these terms here in detail to gain a clear understanding.
What is the Meaning of Court Notice and Legal Notice?
Legal Notice
A Legal Notice is a written warning drafted by an advocate on behalf of a client. It notifies the opposing party of the sender’s intentions and warns that if the settlement is not reached within a specified timeframe, the case will be taken to court.
Court Notice
A Court Notice is sent to the opposition party directly by the court. When a party files a case against another party, a summon (notice) is sent to the opposing party from the court. It includes details about the case, the parties involved, and the next hearing date. Unlike a Legal Notice, it is not a warning but a notification that the other party must appear in court for further hearings.
What Purpose Do Court and Legal Notices Serve?
Purpose of Legal Notice
The primary purpose of a Legal Notice is to give the opposing party a chance to rectify their mistake within a given timeframe and avoid a court case. This approach is a cheaper way to resolve disputes without involving the court, preventing psychological and financial losses to the party against whom the case would be filed.
Purpose of Court Notice
A Court Notice informs the opposing party that a case has been filed against them and that they must appear in court for further hearings. Ignoring a Court Notice can lead to serious consequences, so it is advisable to comply and attend the hearings as required.
For detailed comparison, you can refer to the table provided below.
What are the Major Differences between Lawyer Notice and Court Notice?
| Lawyer Notice | Court Notice |
| Sent by an advocate on behalf of their client to the opposing party. | Sent directly from the court to the opposing party against whom the case is filed. |
| Usually sent before taking the case to court as a warning. | Issued when a case is filed, regardless of whether a Legal Notice was served. |
| Ignoring a Legal Notice may lead to the sender taking court action, demonstrating that the recipient did not respond, implying they accepted their fault. | Ignoring a Court Notice can result in serious actions such as warrants, police action, or reduced hearing periods, limiting the recipient’s time to prove their innocence. |
| Includes advocate’s letterhead, mode of sending notice, recipient details, title, detailed matter, sender’s demands, and timeframe to resolve the issue. | Includes date of hearing, case title, matter, and requirement to appear in court with an advocate, or the case will proceed in favor of the concerned party. |
Importance of Legal and Court Notices
Legal Notice
- Clarifies the sender’s intentions and situation to the recipient, indicating that a court case can be filed if the issue is not resolved.
- Gives the opposing party a second chance to correct their mistake.
- Serves as a reminder to the opposing party of their errors.
Court Notice
- Indicates that a case has already been filed in court and both parties’ presence is required.
- Contains court details and the hearing date, informing the parties when to be present.
What Happens After a Legal Notice?
After sending a Legal Notice in India, if there is no response from the other party, the sender can proceed with the court process. This indicates that the other party is not willing to settle and wants to neglect the notice, prompting the sender to file the case in court and move forward with the legal procedure.
Not accepting a Legal Notice will not cause immediate legal action, but it is better to reply to a legal notice and so that it can aid to prove innocence in court.
Is it Mandatory to Accept a Court Notice?
Not accepting a Court Notice can lead to significant trouble, as it will be considered an admission of the allegations against the aggrieved party. Even if the party is not at fault, they will not have the opportunity to clarify the judgments if they do not accept the notice and follow the proceedings to clear their name.
Send a Legal Notice or Reply to Legal Notice Received
Submit Notice Details
Start by selecting options for the type of your notice and matter along with state/union territory in which the noticee party (to whom notice will be served) is. Complete payment and upload relevant information and documents for the notice.
Review & Approve Draft
Discuss matter for notice in detail with our advocates and review drafts prepared by them. Approve the draft after review.
Notice sent to party
Notice is sent to the mailing address of the noticee party.
Legal & Demand Notices
Send New or Reply to a Legal Notice
Select applicable options below to make payment to initiate drating of legal notice. For any questions, click here to refer to FAQ section .
