Dear Client,
- The money lent to CAPA India for 3 months was availed by taking out a personal loan. This has not been repaid, and the EMI is causing financial distress. Please advise a legal way to recover this money?
This money can be recovered from the borrower. Despite there being no official agreement between the parties, the saved WhatsApp messages, the proof of transfer etc. suffices for enforcing the debt. The very first step towards recovery is sending a legal notice to the debtor, specifying the money lent, the terms of debt as well the warning about legal action that would be adopted if repayment is not transacted within a reasonable period of time (mention specific period as well).
If you want to directly proceed against the debtor, initiate a summary procedure for recovery of debt under Order XXXVII of the code of civil procedure, 1908. Among the reliefs claimed, include the cost of litigation or claim damages for the distress caused by the delay, along with the principal amount lent along with the interest if any. Note that, the proceeding must be initiated within the prescribed limitation period, that is, within 3 years from the date of due.
Legal principle: Order XXXVII of CPC. If convinced necessary, proceed against the debtor under section 420 and 406 of IPC for cheating and criminal breach of trust respectively.
- What is the standard format for a legal notice to be issued to the debtor for recovery of money?
A well-structured legal notice should include essential details such as the sender’s and recipient’s names, addresses, and contact details. It must also specify the nature of the financial transaction, the amount due, and the date of default. Additionally, the notice should clearly state the legal grounds for the claim, citing relevant laws, and set a deadline for payment. By outlining the legal consequences of non-payment, it compels the debtor to settle the dues to avoid litigation.
General format of a legal notice:
[Your Name/Your Company Name]
[Your Address]
[City, State, Zip Code]
[Your Contact Information]
[Your Email Address]
[Date]
To,
[Recipient’s Name]
[Recipient’s Address]
[City, State, Zip Code]
[Recipient’s Contact Information]
Subject: Legal Notice for Recovery of Outstanding Dues
Dear [Recipient’s Name],
Under instructions and on behalf of my client, [Your Name/Company Name], residing at [Your Address], I hereby serve you with this legal notice as follows:
- That my client had entered into a financial arrangement with you on [Date of Agreement], wherein you agreed to pay an amount of [Total Due Amount] for [Specify Transaction Details].
- That despite repeated reminders and verbal requests, you have failed to fulfill your financial obligation, and the outstanding dues remain unpaid to date.
- That my client has made multiple attempts to recover the said amount through amicable means, but you have neglected to comply with the terms of repayment.
- That under Section [Relevant Legal Provision] of the Indian Contract Act, 1872 and other applicable laws, you are legally bound to settle the said amount without any further delay.
- That my client hereby demands the immediate payment of [Total Due Amount] within [Number of Days] from the date of receipt of this notice.
- That failure to comply with this demand within the stipulated time will leave my client with no alternative but to initiate legal proceedings against you in the appropriate court of law for the recovery of the amount along with interest, costs, and other legal charges.
- That this notice is being sent to you as a final opportunity to clear your dues before litigation is pursued.
You are requested to treat this notice with urgency and make the necessary payment at the earliest.
A copy of this notice has been retained for future legal reference.
Yours sincerely,
[Your Name]
[Your Advocate’s Name (if applicable)]
[Advocate’s Contact Information]
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.