• Loan default

Dear sir,

I had loaned some cash.amount to a builder many years back and now he is not refunding the.money nor paying interest. Kindly advice how can I recover my money.
Asked 1 year ago in Criminal Law
Religion: Hindu

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10 Answers

Hello, 

You may send him a legal notice at the first place for refund of the money and if later also he does not make the refund then you may file a civil suit for claiming compensation. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Your claim is barred by limitation 

 

2) suit if any to recover loan amount should have been filed within period of 3 years 

 

3) do you have any acknowledgement of liability from builder 

 

4) do you have any receipt from builder . Kindly clarify 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

- If you having proof of payment of that loan amount , then you can recover the same from him legally. 

- Send a legal demand notice to the said builder , and if no response then file a recovery suit  before the court to get money refunded from him. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Money recovery suit 

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

If you have evidence for advancing this loan amount,  you may first issue a legal notice demanding the return of loan amount with interest. 

Let him give a reply denying the allegations or fail to comply with the demands made,  you may plan to file a lawsuit against him for recovery of your loan amount. 

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

If the loan was provided within last 3 years or has written acknowledgement of the borrower if loan is beyond 3 years then civil suit for recovery of money can be filed. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Hi, If you don't have any documents to show that you have paid the amount then it would be difficult for you to recover the same.

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

File a Money Suit before the Civil Court  agai8nst him claiming refund of the said amount with interest, damage and cost submitting evidence of your proving the said loan to the builder.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

Hi,

Either way is to send notice through advocate to refund your money. And then can file case in court.

For that you need some evidence to show that you have lend money to him. Also he has promised you to give back. If you have any documentry proof it will be beneficial to you get back your money.

Also if you have any electronic conversation over the years with him such as message, email etc.. you can use those as your tools.

Further you will get better advice from lawyer in person with documents.

Suvarna Nage
Advocate, Pune, mumbai
18 Answers
3 Consultations

4.5 on 5.0

You need to file recovery suit against him 

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

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