Do you have documentary evidence to prove that you had given the said amount to that person?
A person who owes me money has money inside of his safe deposit boxes at a bank. If I was to sue this person how long would it take me to get an order so that his boxes could be seized? Also he may have additional money in the state´s unclaimed property department. How much would it take me to collect my money from either one of his boxes or unclaimed property staff and how long would it take? If I sue him he said that he would not fight because he knows that he did me wrong.
Yes and the place where the lawsuit should take place, which is where the bank safe deposit boxes and unclaimed property held by the state is California, USA.
Suit will file where person who owns your money stays. Once recovery order by court will pass, court will order attachment of deposit boxes/proeprty if he failed to honor court order. And if he will not contest the case, court will pass ex parte order. Than you can file execution petition in same court.
Will take some time. Court fees payable.
In that case, you should consult some attorney practising in USA. Every country have different laws.
See you can file a suit to recover the amount from him the court will decide the suit and after that if decided in your favour he has to pay if he fails in execution the court can order to attach bank account and other properties.
See court cannot attach unnamed properties or though it can attach the bank safe deposit box.
Further the suit shall take lot of time.
where was contract entered into ?
What is jurisdiction clause in contract ?
You have to sue the borrower to recover your money with interest
seek order restraining him from operating safe deposit lockers in bank
hello,
Please tell me as to what are the grounds on which you are planning to sue?
Is it a contractual liability or otherwise ?
Regards
If the locker is in US and the cause of action accrued there then file case in US.
Please explain as to why you think that a lawyer from India is required?
Regards
1. You shall have to file a Money Suit against him claiming refund of the money he has taken from you and simultaneously, you shall have to file an application praying for seizing his locker of the Bank and get it opened before Court Commissioner to recover your dues.
2. First remedial step will be to get the locket seized to ensure that he can not take away the money.
3. You shall have to identify his properties first, claimed or unclaimed for getting the same attached for recovey of your dues.
4. It is difficult to predict the time to be taken by the Court to yield your desired results since it depends on many factors not within the control of the Advocate.
1. If the cause of action has arisen in USA and also the locker/safe deposit box is of a USA Bank, then you shall have to approach the USA Court as per the law prevailing in the USA.
2. Engage an appropriate lawyer practicing at USA.
The place will be where the boxes are present. It can take some time not probably quantified. Charges vary from lawyer to lawyer. You can contact me through kaanoon for detailed explanation
Dear Sir,
- Considering shared grounds, it is advisable to file the recovery suit in USA or your location.
- FIling civil suit in India shall be a costly and long process.
- Last and main point, the onus relies on you to prove your stand initially.
Regards
Vivek Arya
Dear client
If you sue some one for recovery suit of your balance then It would take around an year approx. To get his assets and deposit attachment order.
It depends on the US court fees law. It will be decided by the amount you want to recover from that person and attorney will charge accordingly
If you have documentary evidence to prove that he owes you money and the debt s within three years from this date, you may first issue a statutory legal demand notice demanding the return of money he owes you or has borrowed from you.
Let him give a reply or let him not comply with the demand made, you can sue him by filing a money recovery suit against him.
The court fee and the lawyer's fee would depend on the amount you have a claim from him and the lawyer who you would engage for this services.