• Trader not paying money for my invoices

Hi, 

I am distributor of a mobile phone brand, and one of my dealer is not paying me amount, instead blackmailing me that if you pressurize me, I will do something to myself and you will be in trouble

What should I be doing now, to get the funds as soon as possible.
Asked 4 years ago in Civil Law

3 answers received in 30 minutes.

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15 Answers

First, you make police complaint against him that he is performing attempt to suicide and not returning your money.

 

Secondly you can registered online complaint in consumer forum website.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

File a summary suit in court claiming recovery of your dues. It is fast process and may take around six months time to final disposal of your claim.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Issue him legal notice to pay your dues 

 

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

File a summary suit against him. Dont be intimidated by his threats as he is saying this so that you don't ask for money.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You must sue for breach of contract

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

See if the buyer is company you can give demand notice under IBC and can ask him to pay .

Further in case he fail you file petition before NCLT.

Alternatively in case he is individuak firm you need to issue a legal notice and ask for payment in case he fail recovery suit has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Send him a legal notice to get your dues clear.

If he fails to comply with a legal notice, send him a demand notice in terms of IBC, in case this dealer is incorporated as a private LTD. Company and he owes a sum more than Rs. 1 lakh to you. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Issue notice to the Trader demanding  your money by giving details of amount  due to you against  the invoices.

If he fails to respond, you need to file case for recovery of money.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If he is a company you can file a petition at NCLT if the amount is 100000/- or more otherwise you need to file recovery suit in civil court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- Since, the said Dealer blackmailing you in the name of suicide type of threaten, hence you should firstly lodge your complaint before the police , after narrating all the details, as a sefeguard.

- Further, on the basis of invoices , issue him a demand notice of the amount through any lawyer.

- If, no response, then file a Recovery suit in the Court of your jurisdiction.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Issue legal  notice for demand of payment. Whatever he do to himself,  no consequences to you. Your demand is legal.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

You should initially send a legal notice thorugh an advocate to the dealer demanding payment of your dues.

If there is no reply to the legal notice then, a recovery/summary suit under Order XXXVII of the Civil Procedure Code can be filed against the dealer in the concerned civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

First of all give a NC to police that your trader threatening you for suicide if you ask for money or take any legal action against him. 

After giving this complaint send a legal notice him for recovery of dues. If he fails to reply to the notice or return the dues. 

You can file recovery suit against him in civil court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If the threat persists and he is not coming under normal terms, then you may issue a legal demand notice mentioning the details giving one week time for compliance.

If he is not complying within the said period you may proceed with the process of recovery through court of law.

This will protect your interests.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Dear Sir,

Here's how to approach the situation.

  1. Weigh your options. Ask yourself if chasing down the client is really worth it. ...
  2. Follow up. Don't hesitate to send out an email if the invoice has not been paid by the agreed-upon date. ...
  3. Talk to a lawyer. ...
  4. Hire a collection agency.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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