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Legal Notice due to cheque bounce of loan repayment
02-Sep-2023 (In Cheque Bounce Law)
Dear Sir/Ma'am, I have received legal notice against of my unsecured loan I have paid 3 emi out of 6, But last 3 emi didn't paid. due to family expense and my medical expense. they sent me legal notice to pay amount. notice period date not mention and also lender company name is not mention on the legal notice, is it valid legal notice. what should I do Please suggest me.
In case you have given post dated cheques for your EMI and the cheques have been presented and returned unpaid ,the notice must have been sent by the drawee.You can reply to the notice and inform about the problem and also visit the drawee of cheques and try to take some time for making payment by giving fresh cheques ,if same is acceptable to drawee.Otherwise the drawee may file complaint against you for dishonoured cheques and you will have to spend money on litigation in defending you in court .
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Adv. Rajiv Mehta
Delhi | 50+ Answers
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The only statutory requirement in the Negitiable Instruments Act is for the notice to be in writing and a specific demand to be made therein. If a specific demand for the payment of cheque amount has been made, it is a valid notice as per law. However, you can raise this objection during trial but this would depend upon the Court.
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Adv. Siddharth Jain
Delhi | 25+ Answers
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It is difficult to suggest without reading the notice. Since you mentioned that name of the lender and amount is not mentioned . This notice seems to be defective one. So wait for the further time period. Whether the notice mentions the dishonour of cheque or not. ?
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Adv. Amit Nagar
Delhi | 25+ Answers
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The period of mentioning notice period is not essential at all, but the detail of lender company needs to be their.
As far legality of notice is concerned that must be referring to loan account detail
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Adv. Ramneek Mishra
Delhi | 25+ Answers
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Sir that has to be sen and checked that whether the details and the facts mentioned in the notice are true
or not or there is some con artist doing the same. The contactual obligations alongwith the documents has to be looked into.
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