How to Send Legal Notice for Cheque Bounce - A Sample Legal Notice for Cheque Bounce

Posted by Lucas Smith
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Feb 16, 2023
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A legal notice for cheque bounce is a formal communication sent to the issuer of a bounced cheque demanding payment for the amount of the cheque. The notice should be sent within 30 days of the bounce and should specify the amount of the bounced cheque, the reason for the bounce, and a demand for payment.The legal notice can be drafted by a lawyer or a legal expert and should be sent via registered post or speed post with an acknowledgement receipt to ensure that it has been received by the issuer. If the issuer does not respond to the legal notice or refuses to make the payment, legal action can be taken.

The legal action can entail presenting evidence in court and appearing at hearings. The issuer of the bounced check will be responsible for paying the amount of the bounced check as well as any associated legal costs if the court determines in favour of the receiver of the bounced check. When issuing a legal notice for a bounced check, it is crucial to understand the legal process and seek the advice of a legal professional to make sure the proper steps are taken.Here's a step-by-step guide on how to send a legal notice for a cheque bounce.

  1. Understand the legal process: The first step is to understand the legal process of sending a legal notice for a cheque bounce. The notice should be sent within 30 days of the bounce, and it should mention the amount of the bounced cheque and the reason for the bounce.
  2. Draft the legal notice: A lawyer or other legal professional should prepare a legal notice for a cheque bounce. It should contain the following information: the date the check was written, its amount, the cause of the bounce, and a demand for payment. The warning should clearly outline the repercussions, such as legal action or criminal charges if the payment is not paid.
  3. Send the legal notice: The legal notice should be sent via registered post or speed post with an acknowledgement receipt. This is to ensure that the notice has been received by the issuer.


·         Name and address of the issuer of the cheque

·         Date and amount of the bounced cheque

·         Bank and branch where the cheque was issued

·         Reason for cheque bounce

·         Demand for payment of the amount due

·         Deadline for payment

·         Warning of legal action if the amount is not paid within the deadline

Sample Legal Notice for Cheque Bounce:

[Your Name]

[Your Address]

[City, State, Pin code]

[Date]

[Name and Address - the Issuer of the Cheque]

Dear Sir/Madam,

It has come to our notice that the cheque issued by you bearing no. [Cheque Number] dated [Date] for an amount of [Amount] drawn on [Bank Name and Branch] has been dishonoured by the bank due to insufficient funds.

We would like to inform you that the said cheque was issued towards [Purpose of Cheque]. As the cheque has been dishonoured, you are liable to pay the amount due along with [Penalty Charges or Interest, if any].

You are hereby demanded to pay the amount of [Amount Due] within [Deadline for Payment] if we are unable to take proper legal action against you without additional notice after the date on which you receive this notification.

Please take note that the legal costs and other expenses incurred in connection with the legal action shall also be claimed from you.

This is a legal notice under Section 138 of the Negotiable Instruments Act, 1881 and any other applicable laws.

Sincerely,

[Your Name]

4.       Wait for the response: Once the legal notice has been sent, you should wait for a response from the issuer. If the issuer agrees to make the payment, you can settle the matter out of court. If the issuer does not respond or refuses to make the payment, you can take legal action.

  1. File a case in court: If the issuer does not respond to the legal notice, you can file a case in court. The case should be filed within 30 days of the expiry of the notice. You should hire a lawyer to represent you in court.
  2. Attend court hearings: Once the case has been filed, you will have to attend court hearings. The court will hear both sides before concluding a proper decision. If the court rules in your favour, the issuer will be liable to pay the amount of the bounced cheque, along with any legal fees.

Conclusion:

Sending a legal notice for a cheque bounce can be a time-consuming and stressful process. However, it is important to take the necessary legal action to recover the amount due. By following the above steps and using the sample legal notice for cheque bounce, individuals and businesses can protect their financial interests and ensure that justice is served.
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