Structure of a legal demand notice

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Heading and parties

• ☐ Date, reference number and mode of delivery (for example, registered post with AD).
• ☐ Full name, father’s or husband’s name and address of the recipient, and of each recipient if more than one.
• ☐ Identification of the client on whose instructions the notice is sent, with address.
• ☐ A clear subject line, such as a demand for payment of a stated sum or a notice under section 138 of the Negotiable Instruments Act 1881.

Facts and basis of the claim

• ☐ The relationship or transaction: loan, sale, service, agreement or other, with its date.
• ☐ The amount owed and how it is made up, without inflated or unsupported figures.
• ☐ Documents relied on: agreement, invoices, bank transfers, acknowledgements or messages.
• ☐ For cheque cases: cheque number, date, amount, bank and branch, date of presentation, date and reason of dishonour and the date the bank’s dishonour information was received.

Demand and time to comply

• ☐ A precise demand for payment of the stated amount.
• ☐ The period allowed: for a section 138 notice, 30 days from receipt of the notice.
• ☐ How payment should be made, such as bank transfer or pay order.
• ☐ For ordinary money claims, a reasonable period stated in the notice.

Consequence of non-payment

• ☐ A plain statement that legal proceedings will be taken if payment is not made, naming the likely route (a cheque dishonour complaint or a money suit).
• ☐ No threats beyond lawful action.

Signature and records

• ☐ Signature of the advocate or the sender, with contact details.
• ☐ Copies kept for the client and the court file.

Delivery methods and proof

• ☐ For section 138 notices, the law allows delivery by hand, registered post with acknowledgement due, or publication in a widely circulated Bangla national daily newspaper.
• ☐ Keep the postal receipt, tracking record and returned AD card, or the signed received copy.
• ☐ If publication is used, keep the full newspaper page showing the date.
• ☐ Record the date of receipt, because the payment period runs from it.

Cheque dishonour deadlines to calculate

• ☐ Presentation: within six months of the cheque’s date or within its validity period, whichever is earlier.
• ☐ Notice: within 30 days of receiving the bank’s information that the cheque was returned unpaid.
• ☐ Payment: the drawer has 30 days from receipt of the notice to pay.
• ☐ Complaint: within one month after the 30-day payment period ends, under section 141 of the Negotiable Instruments Act 1881.
• ☐ Missing any of these deadlines can defeat the criminal case, though a civil claim for the money may remain.

What not to include

• ☐ Abusive, defamatory or insulting language about the recipient.
• ☐ Threats of arrest, publicity or contacting the recipient’s employer or family.
• ☐ Admissions that weaken your own case, or confidential settlement discussions.
• ☐ Claims for interest or charges with no contractual or legal basis.
• ☐ Facts you cannot prove, or a different amount from the cheque in a section 138 notice.

Related services and guides

• Legal Notice & Reply
• Cheque Dishonour
• Guide: Cheque dishonour (s.138)
• Money & Debt Recovery