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ANIL KUMAR KAUSHIK (LLB)     12 July 2023

Notice before recovery suit

Sir
Is Notice is mandatory before filing a recovery suit in an individual case of demand of money


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

You need to send notice before initiating suit. It is mandatory that a Statutory legal demand notice is to be sent by the lender to the borrower before filing the money recovery suit. It is never mandatory to send legal notice for demand to opposite party before filing money suit against him.

When a person’s misconduct prevents the owed amount from being retrieved, serving a legal notice to the offending party is the first step in recovering the money.

The legal notice’s significance can also be inferred from the possibility that it will act as a warning to the receiver of the notice that might have, either deliberately or accidentally, caused a problem for the sender. Also, most cases are settled at the early stage of delivering a legal notice to recover money.

Dr. J C Vashista (Advocate )     14 July 2023

The legal notice is just to inform the addressee to perform specific act which is neither compulsory nor mandatory for institution of suit for recovery, however, it is better to issue notice.


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