I have paid all dues, but one due pending after 7 years
I am sakkarairaj a. residing in Sivakasi, Tamilnadu.
I have bought loan for Xerox machine in Shriram city finance .
I have paid all dues to them. After 3 months from by due period completed, they send one letter to appear in court for not paying a due during 2008.
I have attended and show the amount paid details to lawyer/judge.
then they told no problem.
But till 20.01.2015 they is no letter / due intimation from their side.
But after 21.01.2015 i.e.
after 7 years (past 3 months I have got following message sriram message as below
name sakkarairaj. Balance over due Rs.16,000/-
Kindly pay the amount / ignore if already paid.
I have searched for previous paid details during 2008, but not get.
How can we come out from this problem.
If they intimated during 2008, we can have proof and also we can face the financiers. But now after seven years what we do, they did not send any due intimation till 20.01.2015 ( 7 years)
Asked 3 years ago in Civil Law from sivakasi, Tamil Nadu
Hi, they can't claim the amount after lapse of 7 years because the time is barred by time.
2 it is better you can show the notice to the local advocate and get the opinion accordingly.
1) Claim is barred by limitation
2) if you have paid all dues you need not worry .
3) just furnis proof of all payments made in case suit is filed for recovery of rs 16000
4) you must be having all receipts of payment acknowledgement
5) it is doubtful that for rs 16000 company will move court . Expenses will be more than amount sought to be recovered
If you are absolutely certain that there has been no transaction on that account and/or no correspondence and/or no other acknowledgement of debt from your end for the last seven years then even if there was a debt such claim would be barred by limitation and ceases to remain an actionable claim.
You also are quite certain of having paid your dues anyway. As long as you have receipts of all such payments made then you are safe. Even if the other side initiates litigation , such litigation has very less chances of success.
1. You have stated that you appeared in the court. What was the order passed by the court? The courts do nor say ''no problem''. The judges speak through their orders. So the order passed by the court is required to be perused.
2. If the case was dismissed or withdrawn then the loan cannot be enforced against you as a legally recoverable claim after a period of 7 years.
The claim is barred by limitation in all respects. Such belated claims are permissible only if the delay can be duly explained. Since you are saying that you have cleared all the dues, there is nothing to be worried about. You must have obtained receipts for the dues cleared by you, it is advisable to furnish all the documents in case a suit for recovery is filed against you.
1. Your statement " I have attended and show the amount paid details to lawyer/judge.then they told no problem" is strange,
2. Document is not required to be shown to applicant's lawyer but Judge only. Judge does not say "No-Problem". He issued Order. Have you collected copy of the order sheet to prove your point?
3. If you have the details of the Court case in the year 2008, then you can engage a lawyer of the said Court and collect copy of the order sheet of the said case where it has been nrecorded that you have submitted the said payment document,
4. On receipt of the same, you can write back to the Company to issue you a No Due certificate immediately.