• How to recover money lent to ex colleague who is not responding

Hi

I have lent Rs 1 Lac to my ex colleague in January this year. He requested this money to pay the hospital expense for this family member. At the time of taking money he said he will repay it in a month.
Since, March I have been requesting him to pay back money. Most of the times he do not respond to my messages (whats app) and e mails. Few times when i did manage to speak to him he said he will do it in a day or two. 

Early this month after long persuasion  he returned Rs 25000 and promised to transfer Rs 75000 soon that I'm waiting till date.

Recently I came to know he has taken money from most of the ex colleagues and never returned there money. He has resigned from his current job and going to join new employer in Bangkok. This ex colleague of mine is based in Mumbai. 

Please advice,
1, Can I take take any legal action against him to recover my outstanding?
2, He is soon going to leave India, Is there a way we can stop him? As once he leaves it will be more difficult to track him.


Regards
Amrit Pal Singh
Asked 6 months ago in Criminal Law from United Kingdom
Religion: Other
1, Can I take take any legal action against him to recover my outstanding?

If you have any evidence for having given him the loan, you may very well issue a legal demand notice and then initiate money recovery suit against him.



2, He is soon going to leave India, Is there a way we can stop him? As once he leaves it will be more difficult to track him.

You can lodge a police complaint based on the evidences you possess so that the criminal case agaisnt him shall be a an obstacle for him to leave the country.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1)how was money given by you ?

2) is it by cash or cheque? 

3) you can issue legal notice to your friend to repay balance sum of Rs 75000 together with interest 

4) if he fails to pay you can file summary suit to recover your money 


5) however please note that legal expenses  for filing suit ,court fees,  attending court hearings would be substantial . 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
If you have documentary evidence of lending of money to him then alone you may first issue a legal notice to him and then file a suit for recovery of money in the court. In the absence of cogent documentary evidence you will only end up wasting your time and money in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
What the evidence kept in your hand for the said transaction. If you have evidence you can win the case. File a police complaint before the police station stating the true facts. if he fails to pay the money , you would file a suit for recover  of money.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi, You have to file a suit for recovery of money as against your ex-collegue . Before filing a suit first you have to issue legal notice and proceed further.

2.As the matter is in Civil in nature you can't stop him to leave India.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Have you paid the money through cheque/DD? Is there any evidence that you have lent him the said amount? Have you kept any security like post dated cheque issued by him? If yes, then you can take legal steps against him claiming the loaned amount by filing Money Suit. If you do not have any such evidence, your chance of winning the case is very weak,

2. If he has cheated many people, all of them can file a cheating case/complaint against him and file an application for impounding his passport till the case is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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