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Rajesh   07 October 2021

Is it must to mention about legal action in demand letter?

Respected Sir/Madam,

While writing a notice demanding the lawful dues from a person, is it must to mention that legal action shall be initiated if dues are not paid?

Without writing any such mention of legal action, is it still valid to initiate a complaint or legal action later if dues are not paid?



 3 Replies

Anusha Singh   08 October 2021

As per your query it is understood that you need information regarding the warning clause or the consequences which are mentioned in the legal notice.

The result of not complying with the conditions of the Legal Notice is to be mentioned in the notice itself. The consequences will act as intimidation for the addressee to take necessary action in the stipulated time. The addressee should be given a reasonable time, say 20 or 30 days to settle the matter by either negotiation or otherwise.

In the above example, the result clause will look like:

“In the event of failing to do so, my client has given me the clear instructions to file a Suit for Recovery along with Civil and Criminal suits in the competent court and in such event, you will be fully responsible for all the expenses, costs, risks, and consequences thereof.”

Basically, such clause adds more weightage to the legal notice. It gives and impression that if the demands are not fulfilled which are mentioned in the notice you will surely take those legal action against them.

Hope it helps!



Anusha Singh


1 Like

G.L.N. Prasad (Retired employee.)     08 October 2021

Demand itself is notice and it is just a formality that serves as a warning of consequences, however even if the warning of taking legal action is not stated. the legal notice remains valid for all purposes on presumptions and rights of borrowers.

1 Like

P. Venu (Advocate)     08 October 2021

Yes, in the legal notice, you can forewarn of the impending consequences of no-compliance of the deamand made in the said legal notice. However, failure to mention such an eventuality does not render the notice invalid or any future (legal) action incompetent.

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