• How can I get my money back from friend?

I want to know if I lent money to a friend on grounds of personal trust and now he is delaying to return back. Even after consistently asking him to return he just keeps on giving me another date and now itโ€™s been almost an year. Is there a legal way to sue him? I do have emails and WhatsApp recordings where the said person has confessed he owes me money and will return but I have legal contract to verify the same. He owes me like 3 lacs approx. How can I get my money back?
Asked 1 year ago in Civil Law

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15 Answers

Ans:

Please issue a legal notice for the recovery of your loan amount.

Then file for a civil suit for the recovery of the loan amount against this friend. You can also make an application in the suit for the attachment of the property of this friend. 

Garima Anil Mehrotra
Advocate, Mumbai
512 Answers
1 Consultation

4.9 on 5.0

Issue him legal notice to repay loan amount of Rs 3 lakhs advanced by you 

 

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

 

3) rely upon emails exchanged with your friend 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Yes you can file a suit against him for the recovery of the amount. See you can serve person with legal notice and provide him time of 15 days to return the amount if on same he fails you can file a recovery suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

Please send him a legal notice in this regard to return the money with in 15 days from receipt of the notice and in case he fails to comply he will be responsible for interest compensation from the date of notice along with the legal charges for taking legal action.

On failure to comply the notice file a money suit in civil court for recovery.

Please note that this is a friendly advance and don't ask any interest to avoid attracting PCML Act.

Please rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6811 Answers
23 Consultations

4.9 on 5.0

Send him legal notice to refund within 10 days otherwise you will be constrain to initiate civil as well as criminal proceeding for cheating and criminal breach of trust agasint him.

E mails are good evidence of amount given and valid proof in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

If you have proof of the money lent to him by way of bank statements, you may first issue a legal demand notice stating that he borrowed the money on so and so date on a hand loan basis but has not returned the same despite many requests made, hence you are demanding him to repay the same within 7 days from the date of receipt of the notice failing which you may file a money recovery suit to recover your money.

A police complaint in this regard may not be very effective.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

The step would be to serve him a Notice of Demand,

If he/she fails to repay, you can file a civil suit for recovery. 

As you say you have emails and recordings, that would be enough to prove the debt. 

 

Abhishek Sharma
Advocate, Chandigarh
119 Answers
2 Consultations

5.0 on 5.0

You need to file recovery suit against him before civil court. If you have his cheques you can file complaint under negotiable instruments Act. 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Issue a legal notice through an advocate and file recovery of money.

it can be used as an evidence as per section 65B of the Evidence Act of 1872, but the acceptance of those evidence depends totally upon the discretion of the Court how ever those evidences will be taken into consideration if it fulfill certain conditions.

 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

- Only emails and whatsapp recording is not enough for evidence of the case of recovery. 

- Hence , if you are having proof of payment with you , then with the emails & other proofs you can recover the amount from him legally.

- Firstly send him a legal demand notice .

- If, no response within a period of 15 days , then you should file a Recovery suit for getting refund from him. 

Mohammed Shahzad
Advocate, Delhi
6267 Answers
64 Consultations

5.0 on 5.0

You should file a recovery suit against him in the civil court.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Dear Querist, 

The best option is to first send him a legal notice and giving him 15 days for the return otherwise, civil or criminal action will be initiated against him. This will be an evidence for use and after that we will be filing a civil suit for recovery and moreover, a police complaint on the basis of which your money will be returned promptly and with interest. 

 

You can contact me for sending the legal notice and initiating the legal proceedings. 

 

Regards,

Yuganshu sharma

ADVOCATE

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

Dear Client,

You may file a case for recovery. Welook forward to work/fight for your right & interest.


Thanks a lot for trusting us!

Warm regards,
Jaswant Singh Katariya
      Advocate, Gurugram
        
Email: [deleted]

๐ŸŒhttps://JaswantKatariya.business.site

๐ŸŒhttps://reralegis.business.site

๐ŸŒJaswantKatariya.blogspot.com
   

 

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

1. If you have legal contract and evidence that he have taken the money from you then you should send a legal demand notice for recovery of money lent to him

2. If he fails to return the money then you can file recovery suit against your friend.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

File a police complaint for criminal breach of trust, cheating etc. Bring the erring party to the negotiating table through the medium of this complaint. Settle the dispute.

File an FIR with the Local Police under Section 406 & Section 420 of the I.P.C.

First send a legal notice through an Advocate or Lawyer before contemplating filing of FIR with the Local Police.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

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