• Non-payment of business dues

We are a manufacturing business firm situated at Vasai East.

We have a client to whom we had sold material. It is nearly a year now but this client isn't paying any of the outstandings.

We want to give them a legal notice.

Please suggest how to go about it.

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Asked 6 years ago in Business Law

2 answers received in 10 minutes.

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14 Answers

You can send him a legal notice through advocate for payment of dues.  If not paid can proceed legally against him

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Firstly, you will have to serve legal notice to them asking them to repay the entire amount along with interest within 15 days of receipt of  legal notice.

If they fail to do so, you will have to file a suit for recovery against him to recover the dues.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A legal notice must be given to him via mail and by speed post stating the outstanding dues and the consequences of non payment.

You have to Engage a lawyer for that.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can contact any local lawyer for issue of legal notice 

 

make payment online for issue of legal notice on the website 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

This is my response to you:

1. Is there an exiting agreement between?

2. Is there a valid contract existing?

3. Is there a work order stating that you have to manufacture certain products for them?

4. If yes the collect all evidences and issue a legal notice;

5. Also collect evidence of phone calls and whatsapp texts;

6. Consult a local lawyer and take steps.

 

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. Sending of legal notice is not essential to take recourse to law to recover the money owned to you.

2. Since they are not giving your money you can file a proceeding before the NCLT under I & B Code, 2016.

3. That apart you can file civil suit for recovery of money as well. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

  1. You must sue him for breach of contract. 
  2. Legal notice for this is not mandatory. However, if you can serve it as an attempt to avoid litigation. 
  3. I'm prepared to draft serve the legal notice, and also to sue in civil court as your advocate. 
  4. I need an exhaustive counselling session with you first. I'm based in my/Navi Mumbai just as you are, so it shouldn't be difficult for you to pay a visit to consult.

Kindly excuse the typo in 4). Read the second sentence in it as 'I'm based in Mumbai/Navi Mumbai---'. Regards

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

File a summary suit for recovery of the dues. It is fast process. File the case with all evidence. No need to serve any legal notice. It will take some time. Don't inform anything before serving notice otherwise sometimes opponent tries to avoid receiving notice.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

just engage a lawyer and serve your client a legal notice for making payment of outstanding amount followed by a suit for recovery

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See if the client is company give a demand notice under IBC if on notice company fail to pay then you can file insolvency petition.

Also if the client is individual or firm then serve them a legal notice if on notice they fail a suit for same has to be filed.

Engage advocate for notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As yours is a commercial deal, it would be advisable to file a summary suit for recovery of the amount due and payable to you. If the customer is a Limited company, winding up petition can be filed before the National Company Law Tribunal.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can consult a lawyer and issue a legal demand notice mentioning the purchase details and the defaulted amount to be received from him giving him 7 days time, if he fails to respond or comply with the demand made, you may file a money recovery suit.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Issue legal notice for payment otherwise you are constrain to initiate legal proceeding agasint him.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Client 

You should hire an advocate and provide him the details of transactions you have done with that buyer which includes bills of the products sold, payment recieved If any and mode of payment. And he will himself prepare the fine legal notice and send that to the buyer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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