Hand loan on bank transfer
One of my childhood friends came to me after 30 years since departed from school, he asked for 25 thousand money in first time and 1 Lakh in second time, I had given to him by transfering money to his account in 2011 and 2012.
I asked him about repay of the amount 1st time in February 2013 in urgent need, since then he has been troubling by giving 6 months , 3 months timelines for repay. He did not pay back so far.
Request you all in case there is any option for getting money from him with legal help.
Thanks and Regards,
Asked in Civil Law from Bangalore, Karnataka
1) issue your friend legal notice to repay the sum of Rs 1, 25,000 advanced to him as friendly loan .
2) if he fails to repay file summary suit under Order XXXVII of CPC
3) please note for sum of Rs 25,000 advanced in 2011 suit should be filed within period of 3 years of advancement of loan other wise claim would be barred by limitation
The burden of proving that the money transferred through bank was by way of a loan. If you have some written communication from your friend seeking help by way of a loan, it may help you. Nevertheles send him a notice and see how he reacts. Suit for recovery is only option for you.
Advocate, New Delhi
Was any agreement made between you and your friend prior to advancing the amount by you? If no, do you have any written communication with your friend through an email or sms wherein he has acknowledged to be under a liability to repay the amount to you? If you have nay of these two proofs then you do have a good chance to succeed in your legal pursuit.
Do not directly file the case in the court. At first issue to him a lawyer's notice through your lawyer. If he does not repay the amount in spite of the notice from your lawyer then you may file the case for recovery in the local court.
The time limit to file the case for the amount advanced in 2011 ends in 2014.
1. What was the security you had collected to provide the loan to your childhood friend whom you met after a long 30 years?
2. Have you collected any cheque towards repayment of the loan provided by you?
3. If yes, deposit the cheque to the Bank and file a case u/s138 of N.I.Act, in case the said cheque is dishonoured by your friend,
4. If it was an unsecured loan, you shall have to file a summary suit under Order XXXVII of CPC of a recovery suit with the limitation period of 3 years.
Hi, you have paid the amount through transferring the amount into his Bank account, then first step is to issue legal Notice to your friend for asking him to pay the amount with interest and then file a suit for recovery of the amount with interest.
There are two important points to be considered. first you gave money in 2011 and limitation period for recovery suit is three years, whether or not limitation has expired you have to calculate from the exact date of transfer of money. Secondly, i wonder how will you prove that it was a friendly loan subject to repayment by him to you. anyhow, issue a legal notice and see what defence your friend takes.
Advocate, New Delhi
Thank you, money was transferred from my account to his ICICI account in two transactions. I'm not having any written communication except phone conversation, not even house address other than area name and city Raichur,
Reason for the need of money in 2nd transaction, he told me is this 1 Lakh money was for his brother for farming expenses in the season, I asked for a promissory note, he did not give. I believed him and the reason he gave; he is staying in distant place from place I' living. Whenever, I call him on phone, he says he will give money in next 3 months.
I called his Brother only once in 2013, he(Brother) told that he was not aware of this, he did not need money and told me not to call him (Brother) again regarding this matter.
Asked 3 years ago
1. You can find out his address from his Bank account where your amount paid by check has been credited. You shall have to take the help of the Bank officials,
2. If his address is not found, no civil case can be filed for the recovery,
3. You can also lodge a police complaint against him for cheating you.
Chances of recovery seem very bleak as you neither has his address nor any document/undertaking admitting receipt and promising repayment. But, if you get help from the concerned bank about his address then you may file suit for recovery. Without his address, police complaint will not do.
Advocate, New Delhi
1) you have to make efforts to find his residential address for service of legal notice .
2) it is doubtful that bank will furnish you residential address of its account holder .
3) engaging a detective agency would be an expensive proposition .
4)if your friend has landline phone connection telephone directory would give his residential address .
5) please note litigation is an expensive proposition . you would need to pay court fees plus incur legal expenses for recovery of Rs1, 25,000 .
6) in addition you dont have any documentary evidence that your friend had sought any loan from you