You can issue her legal notice to make payment of outstanding dues
2) file police complaint of cheating under section 420 of IPC against her
3) don’t file any civil suit as legal expenses would be more than amount sought to be recovered
How do I recovery my due payment from my client
I may an individual selling handmade cosmetics from home and a client has been buying the same from me since past 1 and half year and has been clearing the payment from time to time. All of a sudden the clients pending about got accumulated to a higher amount and the client has been assuring of payment but never made payment. I continued to send products based on trust and it's been 9 months she has not cleared my payment. After a lot of frustration I landed up at her place to ask for payment, she assured the same thing that she did 100 times in the past but didn't make the payment. I threatened her about going to police but she doesn't seem to budge n clear even a small amount saying she will pay but she cannot say when. Now the problem is my location is very far from hers and following this up with her or even reporting to police is getting too much of a hassle. Want the money to be recovered at one go. The amount is not very high yet important.the total amount due is 66k. I have proof of WhatsApp conversation n proof of the shipments that is the courier slip. Please let me know how can you help me out in this
Asked 5 years ago in Criminal Law
Religion: Hindu
16 Answers
- It's not a criminal case but a civil dispute between you two, for recovery of money.
- So no complaint can be lodged with police. You have to sue your client in civil court for recovery of your dues.
- [deleted] (nine eight two zero eight nine seven eight eight four). Seek appointment with me at my office by calling. You can leave your number in feedback
1) Stop supplying her new order and try to recover all past debts from her.
2) If she is ready to sign promissory note that she owes you 66k against supplied of goods in past and she will return in next two months.
I m not supplying to her anymore. She us holding my payment since 9 months. I m confused about whether it's a criminal case for breach of trust or a civil case. I have talked to police, they called her up based in my complaint but they can do only so much as she refused saying she doesn't know me
Asked 5 years ago
If police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Issue a legal notice through an lawyer and file a complaint u/s 420 against her.
See a police complaint for said due amount is not maintenable you have to give her a legal notice for recovery of the amount if on notice she fails to return the amount a summary suit.for.recovery has to be filed
See police cannot do anything in the issue it is civil matter.
Yes. I already told you, it's not a criminal case at all. Kindly value and follow the advice given to you here. Your matter is a purely civil dispute, for which you have to file a civil suit.
Kindly call me up to fix an appointment with me, rather than running helter-skelter and wasting your resources.
You need to file a summary suit in civil court
You can also independently file a magistrate complaint
Your location is not your problem you have two ways to handle this issue one you can file a money suit to recover your money from her in your own district court otherwise you can file a complaint in your district court in the court of your area police station under section 156 subsection 3 CRPC for cheating and misappropriation ( 420, 406) against the form ant after the witnesses the court may take cognizance to summon the party in the court.
- As per the information mentioned in the present query, makes it clear that the dispute is clearly of civil nature.
- I advice you to put her a legal notice and also state that if she fails to pay in 15 days then you will have to recourse to the court of civil law.
- Then if no payment then you may have to file a civil suit for recovery in your area/ place, then she will have to come tot he court of your district.
- Also claim for the litigation expense plus interest on the due amount.
1. Serve a lawyer's notice to him clear the arrears.
2. Thereafer, filing a suit for recovery of money in the civil court is the only remedy to recover the amount with interest, compensation and cost of litigation.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You can file a summary suit for recovery against her. You can also file a complaint for cheating against her as she promised to pay you and then cheated you. But both of the things will take some time to be fruitful. Don't worry you will get your money back
if you have documentary evidences for supplying the products to the client, you may issue a legal demand notice and after that you can file a recovery suit.
Alternately you may lodge a criminal complaint for the offences of cheating against her with the nearest police station.
Without any legal action you may not be able to recover the money from her since she is reluctant to make any payment.
You can furnish the documentary evidences to the police evidencing the supply of products to her.
She cannot refuse them hence you can proceed with a crimninal complaint against her.