• Person-person money lending

  My parents have taken loan from a neighbor amunting to 3,50,000/-. My parents have pressured (Emotionally blackmailed as am only the son) me to execute promissory notes with my name. I've executed promissory notes valuing 100000, 100000, 150000 respectively on 17/10/2012.
  Now my parents were unable to pay the amount and the lender has approached to civil court for recovery. In this regard I've received court notice to attend the court. 
   But the lender don't have any license for doing money lending business. According to my knowledge any person can't do business of money lending without proper license. But i n my case how the civil court accepted the petition?? How can I protect my self from this situation? Pls give me suggestions ..
Asked 2 years ago in Civil Law from Kothagudem, Telangana
If you knowing the law properly then you should challenge the same before the court where the case is being prosecuted.  You cannot question the court sitting outside about its function that how it accepted the case. 
On receipt of summons it becomes your duty to appear before the court either in person or through your lawyer, you can vent out all your grievances before the court in the form of written statement and by deposing evidence during trial.  Are you denying the loan itself, if so on what reason, if your reason to deny the loan itself will be based on some reliable issues, then you may challenge the case with the help of it. 
T Kalaiselvan
Advocate, Vellore
34455 Answers
372 Consultations

5.0 on 5.0

1. Since you have executed the promissory notes the liability to repay the amount rests on your shoulders.

2. If the lender does not possess a money lending license then he could not have lent money. You should contest the case on merits by engaging your lawyer.

3. The civil court accepted the case as you were not before it to rebut the case of the lender. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) you have to contact a lawyer and defend the suit 

2) raise the defence that neighbour did not have any money lending licence . 

3) it may be the case of neighbour that it was an interest free friendly loan given 

4) better settle with your neighbour 
Ajay Sethi
Advocate, Mumbai
44306 Answers
2572 Consultations

5.0 on 5.0

Hi, money lender has not possessed valid  money lender license is a matter of fact that has to establish before the court from your side.

2. As you have received the notice from the court and it is your duty to appear before the court and file a detailed written statement and your contention will be consider by the court at the time of Argument.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

first of all get the copy of the case and file your reply with all the details and raise the objections regarding the money lending without any license.

this is a civil case and take more then years, so no need to worry, fight the case on merit.

contact over the phone after pay the consultation fee which is very nominal and get all details for your safeguard.
Nadeem Qureshi
Advocate, New Delhi
4794 Answers
219 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer