Hello,
the money you borrowed was transferred to you online?
The interest was paid by you online?
Getting threats of police complaint
Hi my name is Santosh, I'm a 30 year old man running a private business and I need help on how to deal with the situation. Around 4 years back I borrowed some money from a party (mutual friend) because I wanted to start a business and I agreed to pay interest for next 5 years and clear off the debt. I have paid the interest every single month without fail but as times went bad due to pandemic in 2020 but somehow I managed to pay him but for the last 4 months I failed to pay him as I am struggling extremely that's why I have decided to sell my land n pay him n also save my business but he started harrassment and also is saying he would call the cops on me n no matter how much I explain that I'm earning nothing n I'm trying my best to sell my property so what must I do to deal with the situation n jus for the record the interest I paid is almost 3 times the money I owe him but ofcourse I agreed to pay and I kept my word But now I'm under extreme stress he took away my vehicle and repeatedly calling me and harassing n now I'm getting police threats. So I want an advice how to deal with the situation. Please help me!
Asked 2 years ago in Criminal Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Yes the money was transferred to my account online and for the past 4 years I have transferred interest online and few rare occasions if there was network issue then I paid him through cash. Because he's a mutual friend I didn't sign any contract or anything it was just an understanding.
Asked 2 years ago
If there is no contract, you can straightaway deny the liability and then can file a case with the police. He doesn't have any right to claim the money from you since you have already refunded more than the amount you took.
Regards
No need to bow down to pressure tactics
2) let friend file suit to recover the money
3) there is no written agreement to pay interest
4) take the plea that loan amount has been repaid and no further money is due and payable
5) don’t sign any documents wherein you admit that x amount is payable with interest
Act as mentioned herein above
- If there is no agreement for taking the loan from him , then you are bound to pay the amount further more , and only on the ground to online payment he cannot recover the amount
- Further, if he is harassing you, then file a compliant against him before the police and higher official, as as per Supreme Court , none having right to recover the amount by hook & crook.
- Further, if he files a case against you, then his case will not maintainable in the absence of any agreement with you
You can contact me , if further suggestion needed.
First of all he cannot take away your vehicle, you can give a theft complaint against him.
Since you had been paying regular interest so far, he has to approach court alone for recovery and not police.
If the police is summoning then you can give a statement that you will settle the matter before court as per law because you had been paying interest so far, hence your intention is not to cheat.
You can consult a lawyer and cause to issue a legal notice to him to not to harass and to look for legal process for recovery.
Since there is no contractual agreement for the borrowed amount, the interest payment itself would also serve as an acknowledgment for the loan received, but you can always initiate legal action as per law if he continues to torture you.
Dear Client,
do you have any documentary record of the amount taken as a loan? if yes then if you have paid more than the debt you need not worry. Then you can deny the liability of paying any more amount in absence of a legal contract.
Thank you
You can file an FIR against him and if police is not talking action you can approach court
