Hi, you have to file a recovery suit against him in court .. In addition you can ask for interest as compensation from the court .. first send a legal notice through a lawyer to return the money within 15 days , if he refuses to pay then go ahead for filing the suit ..
Friend not returning money for more than a year
I transferred around 2 lakhs to one of my friend in 2016. He promised that he will return the money but hasn't done so. I even sent him a letter asking him to return the money but again just promises were made. I have transfer confirmation and his messages as proof. I even have his pan card and aadhar card details, and his father's home address. I need the money and he is just making excuses.
Asked 6 years ago in Civil Law
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12 Answers
You can serve him with a legal notice and if after that also he fails to pay back the sum then you will have to file a civil suit for recovery in the appropriate court also you can try and file an FIR for cheating.
Regards
1)issue friend legal notice to return your money with interest
2) if he refuses file summary suit to recover money with interest
3)if money was advanced in USA recovery proceedings will have to be initiated in USA only
Half the amount was sent from Indian bank to Indian bank account and half of it was sen through western union to an Indian bank account. So should I file a case in US or in India? That person lives in mumbai.
Asked 6 years ago
you can issue him legal notice to return your money
2) if he fails file police complaint of cheating criminal breach of trust against him under section 406, 420 of IPC
3) if you file civil suit to recover your money you would incur litigation costs and suit may take time to be disposed of
Suit can be filed in Mumbai to recover your money
If you want some effective thing to happen then file the case in India, as of now you can ask some lawyer in India to send him a legal notice.
Maybe after receiving the notice only he gives back your money.
Regards
1. The suit for recovery of money should be filed in India if he is in India. If he is in India and you file the suit in US then you will not be able to execute the decree of the US court in India.
2. File a suit for recovery of money to claim the amount with interest.
Hi, file it at the place where his bank account is
First you issue a legal demand notice asking him to return the loan amount borrowed from you on ....date vide bank transaction.
If he do not respond or do not comply with the demand made, you may file a money recovery suit on the basis of evidence in your possession for advancing the loan amount to him.
Half the amount was sent from Indian bank to Indian bank account and half of it was sen through western union to an Indian bank account. So should I file a case in US or in India? That person lives in mumbai.
You cannot file a case in US because Indian laws are not applicable in US on such issues.
Since the borrower is in India, you may file the money recovery suit in India within the jurisdiction where he resides.
1. Have you entered in to any written agreement with him about returning the amount lent to him by you?
2. Have you collected any blank cheque or security against the said loan provided by you to him?
3. Is there any evidence to prove that you had loaned him the said amount which he promised to return with in certain period and it was not a gift or repayment towards loan taken by you earlier?
4. If yes, then you can file a Money Suit claiming repayment of the amount lent by you with interest at bank rate of interest, damage and cost.
5. For filing the said suit, your shall have to send him a legal notice demanding repayment of the loan provided by you to him.
1. The recipient lives in Mumbai and he had received the amount lent by you in India.
2. You shall have to file the Money Suit in Mumbai since Mumbai is the pl;ace where the cause of action has taken place and where he accused lives.
3. USA law is not applicable in India for the act committed in India..