Hello, I want to consult my case with you. I have taken some amount from some of my clients for visa purpose in Punjab. As it was not successful somehow and lost too much money in that matter, I paid some money back, but still some amount is pending. In the course of time I sold my house and everything that I had to return the money. But that was not enough and those guys started harassing me. I had to leave my house with my wife and old mother. I have been in touch with my clients via email and assured them return of amount when I get. They waited for some time and now due to lockdown the complete travel business is shut. I think it won’t be back to normal in a year or so. Now the clients have started harassing my relatives back in my city. I have always been nice and honest to them but they have now started Police proceedings against me as I heard from my relatives. Now what I want is to settle things with them, but in a legal way, so that I can come back to my city and those guys can’t harass me. I will pay their money back but not before next year. I would like to make a legal binding with them and pay them small amounts every month from next year onwards. I request you to suggest me how to go about it. If the lawyer can act on my behalf, I am ready to pay the fees for the whole process. Please let me know the steps that can be taken, as well as your fees for the whole process. Thanks, Gaurav
Hello,
Either you can talk to them and enter into a settlement agreement or otherwise let them file a case. if they file a case then you will have to obtain bail and then later enter into a settlement with them.
You can also go ahead and lodge an FIR against them for criminal intimidation. They can not opt for illegal means for the purpose of recovery.
Get in touch with an advocate who may help you.
Regards
Contact them and call them in the economic cell of police of your city and there make written statements that you will pay money in small installments
Hello Rahul Jatain, Thanks for the information. What if I don't want to come forward, can I appoint a lawyer who can act on my behalf? How small can the installments be? What if they have lodged an FIR (which I don't exactly know)? Should I get an anticipatory bail first?
The arrangement suggested by you can be very well executed in terms of a meticulously drafted settlement agreement. However, it is important that the settlement proposed by you is acceptable to the other parties to.
Having said the above, it is settled position of law in our country that failure to repay a loan is not a criminal offence unless there is a fraudulent intent. Thus, they cannot rope in Police into this.
Feel free to get in touch in case you need any more help on this.
Yes you can take AB.
you do not have to worry at all. No one can adopt illegal means to recover money from you.
What is total amount due and payable
approach the creditors offer to settle dues within period of one year in monthly installments
ask them to give in writing their acceptance of terms of settlement
If FIR had been lodged apply for and obtain Anticipatory bail from sessions court
lawyer can act on your behalf
Can you Please furnish the details of your case and facts more clearly so that I could advice you both Criminal and Civil rights to your side and viz a viz vice versa.
Definitely you have right to protect yourself from injunction order and Anticipatory Bail but I need some more clarity in your case with regards to facts and merits.
Your both the cases would be decided on merits of the facts. So Please furnish more details.
First, do you have any written agreement or contract or Promissory notes written or signed with them.
If none of thing is happen hen forget the further investigation. On behalf of you I can talk with those people and negotiate to postponed for balance amount further after lock down or corona vaccine in the world.
You need to talk to them mutually if not agreed then you can complaint to police for their harassment. You can contest any case filed by them on merits. If FIR is filed go for Anticipatory bail
Dear Sir,
It is suggested that you be in touch of your relatives there and try to collect information as and when. Whenever, there is an FIR, get the anticipatory bail take the things to mediation center and lok adalat for settlement. For engaging a lawyer, you may go to "Talk to a Lawyer" or "Hire a lawyer" of Kanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.
Hire some local lawyer who can arrange settlement with them. Or send legal notice, informing your intention to settle due amount and request for some time to arrange money. Also raise lock down effect.
- Since, you have already adjusted some of the amount ,which you got for the visa purpose , hence your intention is honest and they can not harass you for the same on any ground, as no person is allowed to take the law in their hand , including police personnel without having a court order.
- You should firstly lodge a complaint against the said son before the police and higher official after narrating the facts in details , that you have not cheated him in the garb of visa, but you lost the same during the process, and not admit your fault , and thereby mention that they are threatening for dire consequences and for killing you and your family and due to why you are running due to the said fear .
- Further , after lodging the said complaint , take anticipatory bail from the session court without your appearance before the court .
- Further, if no response from the police , then file a complaint before the magistrate under section 200 CrPc read with section 156(3.
You can take the help of a local lawyer and arrange a meeting with the persons to whom you owe the money.
Then with the help of lawyer you can get into an agreement with the individuals individually on the agreed terms to repay the amount with or without interest.
As much as possible you may better try to dispose the mater amicably or else you may have to face the crimninal charges for cheating and other crimes reported against you.
In the event of a complaint by the affected party, the police may register FIR
You can obtain anticipatory bail at that time and not before that.
With the help of a local advocate you can arrange for a meeting with the those people and try to sort out the issues amicably by entering into suitable agreement with the terms of repayment as agreed by both sides.
If they have lodged the FIR than anticipatory bail has to be done.
Yes you can appoint lawyer for the economic cell process.
Amount of Installments depends on consent of both parties.
The general strategy of negotiating with your creditors is fairly straightforward pay as little as possible on the outstanding debt that you owe. This, of course, must be balanced with how much a creditor is willing to accept. Generally, creditors will want to obtain a lump sum payment over regular payments.
1. Lawyers can represent you only in the court, not outside the court in dealings with your clients.
2. If a police complaint has been filed then it may result in the lodging of FIR. If FIR is lodged then immediately apply for anticipatory bail and also keep negotiating with the clients to repay the money through monthly installments.
Yes your approach is correct.
Talk to your creditors.
Offer them your proposal to settle the same in monthly installments starting from ....... month.
Obtain their consent in writing accepting to your above proposal.
Yes, you can take services of a Lawyer.
Quantum of Installments depend on the total amount due and your paying capacity.
If FIR is lodged, yes, you need to obtain bail.
Engage local Lawyer to take care of your above issue.
1. You should ask to your clients for a meeting to settle the dispute in a legal way and without any police complaint.
2. You can also ask them for a meeting with the advocate you engage to make an agreement regarding return of remaining payment in Installments.
3. If they have lodged the FIR then you should first go for anticipatory bail to that police doesn't arrest you.
A registered agreement can be made with the creditors and installments may be fixed through negotiations. Engage a lawyer for this purpose. He will do the needful.
They may have lidged an fir and for that too engage a lawyer who will file an anticipatory bail application.