• Money borrowed by friend

I had loaned some amount to my friend more than 2 years ago. Now he is not willing to return the money. I have e-mail communication with him where he is accepting that he had borrowed the money and he would return back it soon. I do not have any information about his address and I know only his mobile number. He is based out of Hyderabad. I need the answer from genuine lawyers who know what they are talking about. If the lawyer is based out of Hyderabad, that will be better. I had asked some question on this site regarding country club membership and paid money(8K) to someone to be told that the place of arbitration was Hyderabad. Everyone knows that when we buy some product/service from some organisation, the contract/warranty card says that, in the case of dispute the place of arbitration will be organisation HQ. I had promised to pay the fee and had not asked the fee in advance. This time, I am looking for genuine answers from knowledgeable folks. Please reach out to me via e-mail.
Asked 4 years ago in Criminal Law
Religion: Hindu

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12 Answers

Sir first of all you require address to serve the notice to the said person even the last known address of the person . Serve the legal notice to the said person asking refund of the money. If the person fails file a recovery summary suit to recover the money.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

If someone from this website has not helped you properly then you may reach out to the admin raise the issue.

With regards to the query please take note of the fact tha you can file a case against them in the police station for cheating and duping your money.

If he is on whats app through the phone number then you may first send him a legal notice also.

Regards

With regards to your previous query take note of the fact that an arbitration clause is no bar in filing a case before the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) issue legal notice to friend to repay your money

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest

3) rely upon correspondence exchanged with friend

1) issue legal notice to friend to repay your money

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest

3) rely upon correspondence exchanged with friend

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Send a legal notice to your friend calling upon him to forthwith repay your dues.

Since you do not have his address, e-mail the notice to him besides whatsapping the same to him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

In case of customer complaint the place where you live in can go for the customer complaint in consumer forum against the Country Club services whatever is written in the agreement that is not required to follow

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi, it is advisable to file a civil suit for recovery in court .. If you are aware of his permanent address , the court summon and the legal demand notice can be issued on the same address .. If he do not appear , the court will pass an ex-parte order in your favour

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. On the basis of email communication alone you will not be able to prove his liability as he will deny the communication. The courts do not decree a suit for recovery of money where the liability is sought to be mounted on the basis of email conversation alone.

2. Unless the amount was remitted through cheque, NEFT/RTGS or a promissory note was executed by him it is practically impossible to obtain a positive decree in a suit for recovery of money.

3. Furthermore, you have to mention the address of the borrower/defendant in the suit for recovery of money to enable the court to issue summons to him. A regular suit for recovery takes years to be decided in the trial court.

4. We are not supposed to reach you via e-mail. You have posted the query on the portal, so the answer will be here itself.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If you have evidences for lending this money namely bank transfer, or cheque details or any other proof, you may issue a legal demand notice to him demanding the money he owes you, if he fails to respond then you may file a money recovery suit on the basis of the documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Sir if no address is available serve him notice through mail and whats app then file a recovery suit before the civil court at your local jurisdiction as money was transferred from there. then the notice of court has to be served as there is no address newspaper publication has to be done. so it is better to find out the address as it would be hurdle at every step.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need his residential address to send legal notice

2) in addition you can send notice by email

3) to file summary suit you need to mention his his residential address for service summons

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

If you have his phone number, then you may lodge a criminal complaint against him with the local police and produce his email contents where he has agreed the amount he borrowed and committed to return the same.

The police will call him over phone and my summon him to call on the police station on the basis of complaint.

You may not be able to initiate money recovery case if you do not have any other evidence to prove the loan to him.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hello,

Yes you can send him a legal notice and if later he does not reply to the same then the FIR can be lodged against him based on the IP address the police will find the address.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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