• Need to recover money lended to an ex colleague

An ex colleague of mine had taken money from me 6 months back promising to return in 1-2 months. Now not even taking calls, avoiding on different excuses.
Asked 2 days ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu

Hello,

 

we can send a legal notice to the said person. Do you have the address of the said person?

 

regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

If you have proof of amount transfer. Can file police complaint of cheating.

 

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Whether the money given cash or by cheque?    If given by cash and there is no proof, it is hard nut to crack particularly when the whole country is under lockdown.   If the payment is given through RTGS or by cheque, you can file recovery suit within 3 years.  

Dalip Singh
Advocate, New Delhi
556 Answers
12 Consultations

4.9 on 5.0

Great that you have the transaction details. 
sending a legal notice will strengthen your case. 
at times it happens that after legal notice the other person gives back the money, seeing your intention to file the case. 
if he doesn’t return the same thereafter then you may file complaint. 
you may opt for the service of sending LEGAL NOTICE through this portal itself. 

regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Issue a legal notice if on notice he/she fails file summary suit before civil court with proof of loan to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

Address is must for sending legal notice. Better directly go to police station and submit complaint. When police will call on his/her no. Either return the money or FIR will register of cheating. 

How much is the amount? 

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

See you can engage an Advocate fee depend on experience of Advocate.

You have file suit and court may order to.recover amount and you need address.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

do you know the person in whose account you transferred the money, even if you don't you have his name and try to find out the address by going to the bank. You need to send legal notice first and through the contact number by calling cc service or something please find out the address because if the intention is not to give money back there are chances that they will change the phone number and everything. If you have Whatsapp chats to show that is also a shred of good evidence, but try to find out the address first of both the person as they can change phone number but not where they live. Without an address, you cant send legal notice even.

 

 

 

Varnika Singh
Advocate, New Delhi
280 Answers
2 Consultations

4.9 on 5.0

How much is amount ? 

2) you can issue your ex colleague legal notice to return your money 

 

3) if he fails to pay sue him to recover your money with interest 

 

4) also file case of cheating against him under section 420 of IPC 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

For sending legal notice you need address of borrower 

 

2) there is no guarantee  of results 

 

3) fees for legal notice vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

In the absence of the address details, the Notice will be sent through the Bank, in which the noticee has got the account, where the money was transferred. Sending a legal notice will cost approximate 10,000 rs . As per the described circumstances, the court is most likely to deliver a favorable judgement. As it amounts to a Civil dispute, no police case is made out. 

Harcharan Singh
Advocate, Kapurthala
5 Answers

Not rated

You can send a legal notice and make police complaint against them. For legal notice it may cost you 7k to 10k.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

If you evidence for the amount given to your colleague, then you can issue a legal demand notice to  him demanding return of the amount  borrowed by him within a stipulated time that may be mentioned in the notice.

If he fails to comply with the demand made or there is no response from him then you may file a money recovery suit to recover the amount.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The complaint with police may or may not yield any positive result, hence it would be better that you send a legal demand notice and follow the procedure for recovery through civil court. 

The advocate fee for sending legal notice will be informed by the advocate who you may engage.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Hi

Cost of sending the legal notice depends on the lawyer you select.

Guarantee cannot be expected in this legal system, but yes if you have proofs that you gave money to him and money was not returned then there a very high chances that you will get your money back after a legal battle.

Just write down your complaint and attach the proofs you have and post it to the SP of your area after this corona things normalizes

thanks 

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

Taking money makes the borrower liable for the repayment of loan.

In other words if the borrower fails to repay the loan the creditor can file a civil suit or a criminal case for cheating or both.

So act accordingly. 

Devajyoti Barman
Advocate, Kolkata
18832 Answers
270 Consultations

5.0 on 5.0

Did you transfer the money online? If yes then give him a legal notice and then file a recovery suit.

Rahul Mishra
Advocate, Lucknow
6749 Answers
15 Consultations

5.0 on 5.0

Engage a lawyer for that who will file a police complaint and a suit.

Rahul Mishra
Advocate, Lucknow
6749 Answers
15 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like  Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

I can send the legal notice in affordable fees. Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

  1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,(address will be required)
  2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
  3.  the fee will be 2000/- to 10000/- for the legal notice

Suneel Moudgil
Advocate, Haryana
1713 Answers
3 Consultations

4.7 on 5.0

1. You need some proofs that money was given to that person for recovery of money. 

2. You can send a legal notice but for that you need address of that person but if you don't have address then you can whatsapp legal notice to him. 

3. You can also lodge FIR against him for fraud and criminal breach of trust and for lodging the  complaint you need proof of money given to him. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

If you have a bank transfer then of course you have to clean to get your money back from your your friend you can file money suit in court with all the evidences of payment to recover the amount including mental agony compensation and interest for the delayed period only this is a friendly loan so you are not allowed for interest for the agreed period of the repayment

Vimlesh Prasad Mishra
Advocate, Lucknow
6299 Answers
20 Consultations

4.9 on 5.0

Hi,

If he/she was your colleague, you may contact your HR department to get his address and then you may send notice to him to return the money. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 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
14513 Answers
6 Consultations

4.5 on 5.0

you should hire a lawyer and tell him to send one legal notice to the person whom you have given the money. the legal notice should be send on your behalf by your lawyer. That legal notice should contain such aggressive language and legal clause that compels him to pay your money back. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

You need to given notice to your ex colleague demanding the money.  failing to respond, you can file cheating / civil suit for recovery of money.  Fee will depend / varies based on advocate's goodwill and experience etc.  No guarantee can be given whether he will return or not.

The outcome depends on the efforts put by you

S Srinivasa Prasad
Advocate, Hyderabad
1392 Answers
6 Consultations

5.0 on 5.0

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