• Recovery legal notice

I was working with nbfc gold loan Kerela based company in 2011.during my working company suffer loss 400000 . For which company file for against me and branch manager. I face police investigation and get clearance from police .and no case is pending in court against me as I am clear in police report

But now I get legal notice in 2018 from company lawyer to pay 400000plus 24% interest from 2011 otherwise they attached my property and file case against me 

Can company file case after 7 year for recovery and where he can file case because loss is happens in Punjab and I belong to Haryana . But company lawyer is from Kerala head office please suggest what will I do
Asked 4 years ago in Labour

7 answers received in 2 hours.

Lawyers are available now to answer your questions.

13 Answers

1. Ignore this notice as this has no legal sanctity.

2. You are clean cheated by Police . So you have won the first battle.

3. Now the company may file a civil suit for recovery of money.

4. As there is no direct link between you and the loss incurred by company, the civil suit even if filed is likely to face the same fate as the criminal case.

5 After 3 years the suit for recovery of money becomes time barred.

DO NOT REPLY THIS NOTICE AT ANY COST.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Claim of company is barred by limitation

2) deny your liability to make any payment

3) further there is no agreement to pay interest

4) you are not liable to pay interest at 24 per cent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. After the company failed to make you liable under criminal law it has now initiated the process under civil law.

2. Since you have been served the notice you should reply it through your lawyer and deny all the claims of the company.

3. Ultimately, if the company sues you in the civil court for recovery of money then it will have to prove your liability.

4. Furthermore, a suit for recovery of money cannot be filed after 3 years from the date on which the right to sue accrues. So unless you have admitted the claim of the company in the past 3 years, the claim of company is time barred.

5. The company can sue you either in Kerala or Punjab.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You may seek a legal reply to the legal notice, as it is a time barred debt it cannot be recovered from court of law. there is a 3 year limitation period to recover debt from a person.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Sir the recovery is barred by the limitation for recovery limitation is 3 years.

They cannot attach your property only court can do so.

The case can be filed where the cause of action took place in punjab or where you reside both places have jurisdiction.

Sir you can reply.to.that notice denying allegation and further refreeing that you had no role in the said act and further company has no right to recover from you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please reply immediately in consultation with a lawyer giving details of police investigation.Please note that the time period for such recovery is 3 years , see "Gurdiana Jiwatram Kukreja and others V/S Eastern Mining and Allied decided on 05.06.2003 by Hon'ble Gauhati High Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Meet a lawyer with this notice so that a reply to this Legal Notice is drafted.

Send the reply to this legal notice through a lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Firslty, as per he information mentioned in the present query, makes it clear that they have been threatening you for no reason.

Secondly, there has been a law of limitation in Civil cases like the present one where party can enforce their claim within the stipulated time period.

Thirdly, you have already got the clean chit from police also.

Fourhtly, the limitation period of three years for recovery for recovery of any amount has been elapsed.

Fifthly, and they can’t attach your property as it is the work of the court to decide for attachment or not.

Give them a strong legal reply so that they would understand the consequances if they further harass you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is not matter that the last has Orchid in Punjab and you are living in Haryana this is simply a legal notice and if in the investigation you have been declared clean then you need not to worry about and you have to reply the legal notice

Any legal notice cannot attach anybody's property they have to approach to the court and only and the Order of the court a property can be attached

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

HI, it is advisable to send a legal reply to their notice..The case can be filed at the workplace or at the place where the head office is situated..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. You have not mentioned as to how the said Company had suffered loss of Rs.4,00,000/-?

2. Was some gold stolen/misplaced from your ciustody or fake gold was deposited with you while availing loan by some one who did not repay the loan?

3. However, it is a Civil Case being attempted to be filed by the Company for which you have got the notice.

4. The Company can file the case after 7 years it shall have to be filed where the cause of action for filing the case aroe.

5. The case will run for ages for which you need not panick at this stage.

6. Engage a local lawyer to defend you in the said case.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello,

No, they can not file a case now.

Tender a reply to the legal notice and tell them that if any case is filed, you will be filing a cross case.

Also, this is just an attempt to take illicit amount from you.

You may go ahead and file a case against the company also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the arbitration proceedings were reportedly started within three years from the date of finding the irregularity then it may not be bared by limitation.

However you may have to fight against the attachment order passed by the court.

They cannot attach the house property without an order by court.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer