Hello,
it is advised that you send a legal notice to him at the earliest so that some pressure can be mounted on him. If he still does not respond or does not return the money then a civil suit for recovery will have to be filed.
Regards
Hi I transferred $3000 (equivalent 2 lakhs) to a friend on Fri, Jul 29, 2016. I have chat history where he asked for money and acknowledged the transfer. He is not returning my money and avoiding my emails. He sporadically responds once in a while and promises to return but there has been no return. Could you help me please1
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Hello,
it is advised that you send a legal notice to him at the earliest so that some pressure can be mounted on him. If he still does not respond or does not return the money then a civil suit for recovery will have to be filed.
Regards
Your claim is barred by limitation
2) suit if any to recover money should have been filed within period of 3 years
Hi
Where he is from?
You can lodge a complaint against him.
This a one option.
Another you can file a civil recovery suit against him.
Thanks
- Since, you have proof of payment , hence legally the amount can be recovered from him .
- Issue a legal demand notice to him for the refund of the amount taken from you.
- If no response within 15 days of time.then on the ground of legal notice, proof of payment , even online has done, file a recovery case against him .
- Further, you can also lodge your complaint against him for the offence of criminal breach of trust, cheating etc. , so that he approach you to refund the amount.
1. Refusal to pay money gives rise to both civil and riminal wrong.
2. SO to get back this money you can file a civil suit for recovery of money as well criminal case of cheating.
3. The proof you have is enough to establish both these cases and unless and until you take recourse to law , you are unlikely to see your money back to your bank.
Send him legal notice for refund otherwise you will be constrain to initiate legal proceeding against him at his cost and consequences. If no response, file complaint of cheating and criminal breach of trust.
1. Collect a cheque for the amount due from your friend and credit the same to your account.
2. If the cheque bounces, file a case against him U/s. 138 and recover your money.
You have sufficient evidence to recover your money through the process of the court. However, it is a time consuming process and you will be required to pay some legal fees as well. First, issue a legal notice to that person and file a complaint with the local police station. If he still refuses to repay the amounts then you may consider approaching the courts.The limitation period for filing a civil recovery suit in India is 3 years. After that the claim is barred by time.
See you can file a suit for recovery of the amount before the civil court though in case your friend is outside India and has no property in India then it shall be difficult to bring him back and recover the amount.
Money recovery suits should be filed within 3 years from last payment, as such, your case is time barred.
Legally it is not recoverable. However, if you can win over his confidence and can take a cheque with regard to the loan availed by him, it will help you, i.e., you can present it for clearance in case it is returned un paid, you can file cheque bounce case.
As it is, going by contents of your post, your case is hit by limitation and the same is time barred.
You can take help of friends, well-wishers etc., to recover money from your friend.
The validity of hand loan or any loan is only three years period.
You have not taken any action in the past to recover the amount from him.
Now it badly barred by limitation.
However you may issue a legal demand notice and make him to commit or acknowledge the loan by a reply notice.
This acknowledgment will give life to the dead loan after which you can file money recovery suit against him even if he is not responding after that.
1. serve him a legal notice through a legal expert to return the money,
2. if he didn't returned the amount despite service of the legal notice file a civil suit for the recovery of the amount along with the interest
3. the limitation is three years for filing the case,
act fast to save your money
1. The limitation period to file a suit for recovery of money is 3 years from the date on which amount falls due for repayment. You may have missed the bus of limitation unless the borrower has within the past 3 years made a fresh acknowledgment of debt.
2. Serve a lawyer's notice to him and demand the repayment of money and then file the suit for recovery of money.
1. You should send a legal notice through your advocate for recovery of money paid to your friend.
2. If he doesn't return the money even after legal notice then only option left with you is to file recovery suit against your friend.
Dear Sir,
Yes, if it can be established by documents i.e. Promissory note or cheque payment etc. or it can be established also by at least two of your witnesses who should have present at the time of delivery of money to the person.
Or Money transfer.
If you are having his messages or e-mail, it can also serve to prove that you have lent him the money.
But for this you will have to file a case within three years of the money transfer. That is the law of limitation.
File a criminal complaint against him in the local police station. Engage a lawyer.
Also file a recovery suit in the district court.