• Gave money to friend as loan but she is refusing to pay

Hi ,
I transfered an amount of 50,000 to a friend as she was in need of money and she said she will repay it . But after recieving the money she blocked my calls and is not reverting to my messages. I have message details and her voice messages as proof.

She also said she will not return the money and I have proof of that.

I have bank transaction details as proof of the transaction.

How can I file a legal suit against her
Asked 2 years ago in Civil Law

25 answers received in 1 day.

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27 Answers

Issue her notice to repay Rs 50000 advanced as loan 

 

2) if she fails to repay file police complaint against her for cheating under section 420 of IPC 

 

3) you can also file summary suit to recover your money with interest 

 

4) however please note that in case you file summary suit legal fees would be more than money sought to be recovered 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. send her a legal notice through counsel to return the money,

2. if she doesn't make the payment despite service of the legal notice, file a civil suit for the recovery of the outstanding amount,

3. Whatsapp messages/call records are admissible as evidence, if relevant,

4. limitation for filing the suit for the recovery is 3 years

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

Send her a legal notice first. If she fails to repay the loan despite your legal notice, prefer a recovery suit against her.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

1. Issue her a legal for return of the amount if on notice she fails file a summary suit for the recovery of the amount. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since there is proof of such payment  you do not have much reason to worry.

2. On the basis of this proof you can file a civil suit for recovery of money.

3. In addition you can file criminal case of cheating as well.

4. Both these cases would take some time but would ensure your money back to your pocket for sure.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

You first issue a legal demand notice demanding the money lent to her  by attaching the copies of the transaction by which this money was transferred to her and give her 7 days time to return the amount. 

If she fails to respond or comply with the demands made,  you may approach the local police station with a complaint against her for cheating,  fraud and breach of trust offences. 

After that you may plan to file a money recovery suit also. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You can file a recovery suit before civil court within 3 years to recover the same

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

If you have any Promissory Note signed  by her then can you file legal case against otherwise she can also defend case by saying she has given 50K in case and you have transferred by Bank Later.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

She has committed cheating. File FIR. When police will call, will return in a day.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File a criminal complaint against her before a magistrate that she duped you of your money.

Also file a recovery suit before the district court.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Dear querist.

Since you have a proof in the form of acknowledgment that she owes to pay you the amount and she is not paying it. In that scenario the civil action can be initiated against them. Firstly, i would say that by sending a legal notice might suffice your requirement. In case, she did not pay back after the notice, we will be having a proof and can file a suit for recovery of money or any other suitable legal recourse.

you can contact me gor filing a suit or sending a legal notice.

 

regards,

Yuganshu Sharma

Advocate

Yuganshu Sharma
Advocate, Delhi
419 Answers
1 Consultation

5.0 on 5.0

A Legal NOtice is sent by lawyer or can send him reminder letter to repay the loan amount. by email or registered post.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

- Since you are having proof of payment , and address , hence you can recover the amount from her legally. 

- Send her a legal demand notice , and thereby ask your amount after mentioning that you have sufficient proof of payment including message etc .

- If, no response within 15 days , then you can file a recovery case on the ground of documents and demand notice send by you. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Contact a local lawyer for sending legal notice to borrower 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You can send the legal demand notice either by yourself or through your advocate.

You can contact an advocate in the local and cause to issue a legal demand notice.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. name and address of the person (friend) is sufficient,

2. contact a lawyer and send the legal notice

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

Legal notice will send by advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Engage a lawyer and he will send the legal notice.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

You need to send it through an advocate. If you want I will send the same for you

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

You can engage an advocate to issue legal notice for return of the amount .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

To file the cases as advised there is no need to send legal notice. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

Dear Querist,

 

Since you have the address, the legal notice is sent by the Advocate representing you. It will be framed in the legal language on the letter head of the advocate and a certain time period is provided to the noticee to pay the sum back otherwise legal action civil or criminal is initiated. You can contact me for sending the legal notice. In case you want to contact through other means, a thorough search of my name “Advocate Yuganshu sharma” on google will help you to connect with me. Either through linkedin or through my mobile no. 

regards,

Yuganshu sharma

Advocate

Yuganshu Sharma
Advocate, Delhi
419 Answers
1 Consultation

5.0 on 5.0

1. You should hire an advocate and send a legal Notice for recovery of money and taking legal action against that girl if she doesn't return the money in time.

2. If she refuse to return the money even after legal notice then you can file suit for recovery of money against her. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The first step would be to send a legal notice to the person concerned and see if the opposite party complies with you or not. If this does not work you can always file a suit for recovery.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Lawyers Notice or legal notice is sent on letter head of Lawyer which comprises all the details of the lawyer who is sending notice on behalf of his clients eg: letter head of lawyer should clearly state his contact details such as his office address, contact number, e-mail address etc. There is no specific requirement of legal paper or bond paper it can be on plain A4 papers also but first page of the notice should be on letter head of lawyer, if notice is sent through lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

You need to issue notice to your friend demanding to refund the said loan amount.  Send it to her address through registered post with acknowledgement due or take help of local advocate.

Failing which, you can lodge complaint with local police for cheating.

other way round, you can file suit for recovery of money i.e., simple money recovery suit / summary suit for which you will income overheads viz., court fee and other expenses and also need to wait for 2 to 3 years. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

hi, for sending legal notice contact any local lawyer he will send on your.  you can search the format of legal notice on Google and you can also draft one and sent it to your friend.

you have another option you can lodge an FIR u/s 406 I.P.C

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

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