1) file police complaint of criminal intimidation under section 506 of IPC in case borrower has threatened you
2) if you have agreed to accept lesser amount that payable in full and final settlement you cannot file suit to recover balance amount
Need resolution for recovering money
I have a person who owes me money and is refusing to pay me back. The problem is i dont have proof of the money to be recovered. This person has also sent me hateful emails with abusive messages when asked for money. I was reading about section 66a but it seems to be scrapped. Is there any other law which i can use against him for harassing me and and refusing to pay me back? When asked for money he threatened me of going to the police for harassment. Out of fear i settled for very less amount than he owes, on realising i did the wrong thing i requested for money again after which he started getting abusive and offensive. He went to the police and falsely accused me of blackmailing and giving threat to his family. Is there any way i can recover my money from him (i dont have proof of the money as it is share from the restaurant bills that he owes). I have all of his threats written on mail. I am also suffering from anxiety and this particular incident has exaggerated my anxiety
Asked 8 years ago in Civil Law
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5 Answers
Thanks Ajay, the situation is that i was forced to settle to avoid a police complaint. Also, there were abuses and personally hurtful statements that were made. Can anything be done about that?
Asked 8 years ago
IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1. Money lent to a person can be recovered through a civil suit for recovery but you need evidence to prove the remittance of money to the borrower/debtor and also his liability to repay it. So if you do not have evidence to prove these two facts then your case will collapse like a pack of cards in the court and you will lose your money and time.
2. If he harasses you then a criminal complaint may be filed against him in the police station under section 506 IPC.
The money given to anyone without proper proof canot be recovered legally and properly.
You send him a legal notice and make him to commit for the money without he knowing about the strategy on this.
Once he admits that he paid so much amount and he shall have to pay another equal amount then you can file a money recovery suit.
If he had agreed of borrowing the huge amount before police then you can legally take action in this by first sending a legal demand notice for refund of the balance amount.
Let him admit or deny after which you can initiate money recovery suit on the basis of the transfer of funds and copy of the legal demand notice sent to him.