Don’t make any cash payment
insist on his bank account details so that money can be transferred into his account
in alternative issue only cheque in his nane . Don’t issue any bearer cheque
Am I legally obligated to follow the mode of transaction as dictated by my lender
1. In 2016, I got a sponsorship for an event, managed by a US-based company. Because the sponsor wanted controlling rights, he jumped in to organize the event, and after failing to do so did a local event. The US-based organization refused supporting the local event and generally the organization gives away the money in charity if unused for 8 months. 2. I volunteered then to work on any way to repair any damages caused. 3. For 3 years I didn't hear from him. 4. Now he started driving me mad with Everyday calls since last month. Nature of his harassment: - Despite my voluntarily coming up with a resolution plan in last 3 years, he never responded. Legally I cannot do anything on anyone's behalf without the person's consent. - Now when he is demanding, he is only showing his personal influence and demanding only cash or 3rd party cheque payment, which I should issue without writing account payee's name. - The amount in question is INR 63,000/-. This person is constantly claiming that he has to clear a gold loan of INR 12 lakhs. - Since 2 weeks I have been asking his bank account details, which he is dismissing saying I am making excuses to avoid paying him. I do want to clear his debt. Last 3 years I had my own set of setbacks but now things are falling in place and I want to make repairs. But how should I react in this situation?
Asked 5 years ago in Civil Law
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
9 Answers
Furthermore, in his demands for money, not once he mentioned about taking legal recourse. Should that be a reason for concern?
Asked 5 years ago
No need to bow down to pressure tactics
2) suit for recovery of dues has to be filed within period of 3 years
Also, though it is completely unclear whether this person wants to avail any legal support or remedy or not, but currently when I say that I am trying to get his bank details for a payment, it is only a 50% downpayment as it was all I could arrange for. There are certain pending receivables too, and I might have to relocate to another city for career prospects, and technically all of these might help in creating this debt. If there is any possibility of any legal recourse here, can I be legally stopped from leaving my current city?
Asked 5 years ago
If he is harassing you continuously then send him a written notice for providing bank details so that you can transfer the fund in question and you will have proof of returning the money.
And also mention in notice that if he continues the harassment you are obligated to file a police complaint against him for criminal intimidation.
As on date there is no pending criminal case against you
there is no bar for you leaving the country for work purposes
Till he initiates any court case you relax. If initiated contest the same
Don`t give him anything neither accept if anything due. Recovery barred by limitation act, so no recourse from law too.
You do not have to accept his demands under any pressure.
Yo can ask him to either provide the bank account details or to proceed legally which can be challenged when it comes before court of law.
Do not show that you are frightened by his threats, let him do whatever he feels like after that, he may not be able to anything if you are very strictly dealing with him.
If he has not mentioned anything in that regard, you can inform him strictly that you can make the payment only in the manner what is legal, and if he is not agreeing for this then let him proceed legally which can be challenged properly.
This has nothing to do with your idea to migrate to another city.
In fact he has not started anything legally so that you can come to know his intention in furtherance.
Hence do not be worried on that count as well.
You may be clear in your thoughts and idea and inform him categorically what you wanted to convey him, let him do whatever he want to which can be challenged legally.