recovery suit

Originally posted by : Gaurav Mundada
	i don't their address what i do for file a case ? for borrowed mone case

What do you intend to communicate ?

I understand from your query that you lent money to somebody and such borrower's present whereabouts not known to you and you wish to file suit against such borrower for recovery.

You can file a suit through a Lawyer giving the last known address of the Defendant duly attaching documents signed by him like Pronote etc.  However, understand that even when the Defendant does not attend Court on serving the summons as per the address provided in the plaint, after affording the reasonable chance to the borrower, Court shall pronounce Exparte Judgement.

Judgement from Court is not recovery. You need to execute such Decree that has come in your favour. For that, you need address and whereabouts of the borrower and also details of assets in the name of such borrower. Without that, you cannot recover the money even if decreed in your favour.

There are several private outsourcing agencies and private detectives that can undertake the job of tracing such absconding persons.  If you can afford avail their services.   Search in google and find out such agencies' addresses.

Yes, I agree with Shri Om Prakash. 

Queriest should take the money that was lent into consideration before embarking upon recovery steps. Normally, before giving ex-party judgement, Courts advise publication in a local language and widely circulated newspaper.   After taking all these steps,  if the borrower is not traceable, it would be throwing good money after bad money. Better to find out whether the borrower has any assets in his name so that Attachment before Judgement can be sought from the Court.

Queriest has to take an appropriate decision depending upon the successful execution of Decree vis a vis the original money lent and the cost of court case etc.

Your lent loan is less thenRs25000 simply  waive it if you have lent heavy amount then try to search them thru their friends or relatives if you know,address thru voters list ,ration card,are any owning immovable property in their name.take it for attachment before judgement.you have any legal documents like signed blank cheque,pronote etc. you contact local advocate who is expert in civil matters.

The recovery suit could be filed with the last known address. If summons could not be served, there is the option for substituted service.

do you have any documentary evidence with you to file recovery case?

You are abusing the resources of this Legal Forum and Misleading & Fooling the experts over here, BY YOUR REPEATED QUERIES ON THE SAME ISSUE. Kindly Avoid.

Keep Smiling .... Hemant Agarwal
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