Received a notice from creditor

Querist : Anonymous (Querist) 24 August 2010 This query is : Resolved
My father is due rs.90k to a person since 2009. Now he is retired. He received a lawyer notice on this on 27th July 2010. We informed the lender orally that we dont have money to repay him now. He has the promisory note, signed by my father.
Please advice me on the below questions -
a)Will i need to pay his legal/stamp fees also along with my debt?
b)When my father needs to attend the court for discussion? I was informed my known person, he needs to attend only after receiving the 2nd notice.
c)Shall we need to reply legally to his notice?Then hw to proceed further?
d)Shall we need to bear his legal/lawyer/stamp fees also along with the existing debt?

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s.subramanian (Expert) 24 August 2010
It is better for you to have the assistance of local advocates who can draft the reply notice and the written statement if the matter goes to court.

Rajeev kulshreshtha (Expert) 24 August 2010
As you say that your father has received loan against pro-note but you are not clearing whether the Pro note was written or blank. If it is blank you should reply the notice stating full detail of blank pro-note and if it is written you should not reply the notice and should wait the next step of creditor.

Devajyoti Barman (Expert) 24 August 2010
1. Yes if the court so directs.
2.Was it a summons of a case or lawyer's notice.In the former case on a date as mentioned in the summons itself. In the latter there is no such necessity.
3.If you have any substantial to controvert then only reply. Otherwise no necessity.
4.Yes if the court so directs.

Querist : Anonymous (Querist) 25 August 2010
thanks to all of you.
@Mr. Rajeev, actualy my father was having a business 10 years back. At that time, my father signed on the blank pro-note as per the business tradition in the village. (It is on my fathers name & not on business name). Now after 10 yrs, it seems he filled the blanks & date and sent a lawyer notice.

The lendor is saying that now he will go to court. If it goes to court, hw to defend this? We dont have cash to repay him. Can we prolong this discussions in the court for some time/a year?

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