Legal Notice for Recovery of Dues in India: Format & Process

Unpaid invoices are the silent killers of small businesses. In India, thousands of MSMEs and freelancers face cash flow issues simply because clients refuse to pay on time. While calling and emailing is the first step, there comes a point where you need to get serious. That's when a Legal Notice comes in.

A legal notice is not just a threat; it's a formal communication that puts the defaulter on notice that legal action will follow if dues aren't cleared. In many cases, a well-drafted notice is enough to recover money without entering a courtroom.

What is a Legal Notice for Recovery of Dues?

A legal notice is a formal written intimation sent by an aggrieved party (you) to the defaulter (the person/company who owes money). It warns them of your intention to initiate legal proceedings if the payment is not made within a specific period (usually 15 to 30 days).

It serves two main purposes:

1. Final Warning: It gives the debtor one last chance to settle the dispute amicably.
2. Legal Evidence: It proves in court that you tried to resolve the matter before filing a suit.

When Should You Send a Legal Notice?

You shouldn't send a legal notice for a 2-day delay. It's a serious step. Consider sending one when:

• An invoice remains unpaid significantly past the due date (e.g., 30-60 days).
• The debtor stops responding to calls and emails ("ghosting").
• A cheque issued by the debtor has bounced (dishonoured).
• The debtor explicitly refuses to pay without valid grounds.

Essential Components of a Legal Notice

While you can draft a notice yourself, having it on a lawyer's letterhead carries more weight. A valid legal notice must contain:

1. Name and Address: Complete details of both the sender (you) and the receiver (debtor).
2. Cause of Action: A clear narrative of the transaction—what goods/services were provided, when, and the agreed cost.
3. Evidence of Debt: Reference to specific invoice numbers, purchase orders, or contracts.
4. Details of Default: How much is owed, since when, and communication attempts made.
5. Demand for Payment: A clear demand for the principal amount plus any applicable interest (usually 18% p.a. for commercial dues).
6. Time Limit: A specific deadline (e.g., "within 15 days of receipt of this notice").
7. Legal Consequence: A statement that failure to pay will result in civil/criminal legal action.

Options After sending the Notice

If the debtor pays, great! If not, here are your legal options in India:

1. Summary Suit (Order 37 CPC)

For clear-cut cases based on written contracts or invoices, you can file a Summary Suit under Order 37 of the Code of Civil Procedure. This is faster than a regular trial because the defendant isn't automatically allowed to defend themselves; they must first seek the court's permission.

2. MSME Samadhaan

If you are a registered MSME, you can file a complaint on the MSME Samadhaan portal. This is a powerful tool where the Micro and Small Enterprise Facilitation Council (MSEFC) can mediate and arbitrate. MSMEs are entitled to compound interest at 3 times the bank rate for delayed payments.

3. Insolvency Petition (IBC)

If the debt exceeds ₹1 Crore (for corporate debtors), you can file an application under the Insolvency and Bankruptcy Code (IBC). The threat of insolvency often pushes companies to settle dues quickly.

4. Cheque Bounce Case (Section 138)

If the debt involves a bounced cheque, you can file a criminal case under Section 138 of the Negotiable Instruments Act. This carries a penalty of up to 2 years imprisonment or twice the cheque amount.

Frequently Asked Questions

Is a legal notice mandatory for recovery of money?

Yes, in most cases. It serves as proof that you made a formal demand for the dues. For Section 138 (cheque bounce) cases, sending a notice within 30 days of the bounce intimation is legally mandatory.

Can I claim interest on unpaid dues?

Yes. You can claim interest if it was agreed upon in your contract or invoice. Even without a specific clause, for commercial transactions, courts often allow reasonable interest (typically 6% to 18% p.a.) under the Interest Act, 1978.

How much does it cost to send a legal notice?

If you hire a lawyer, it can cost anywhere from ₹2,000 to ₹15,000 depending on the complexity and the lawyer's experience. However, there are also online legal services that offer standardized notices at lower rates.

Key Takeaways

• ✅ Don't delay—the limitation period is 3 years.
• ✅ Send notices via Registered Post (RPAD) for proof of delivery.
• ✅ Clearly state the invoice numbers and exact amount due.
• ✅ MSMEs have special powers under the MSME Act for faster recovery.

Related reads: Breach of Contract Remedies · How to Draft a Contract