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Dawinder Aulakh   18 July 2017

notice on promissory note

how to send a notice to recover money of promissory note


Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     18 July 2017

Take the help/service of Advocate.

Raveena Kataria (Advocate )     19 July 2017

Hi! I'd concur with the above advice. However, if you want to send a notice without any paid legal assistance as of yet, then in my opinion, this is how a notice to your debtor should look like:


Date

To

Dear Sir/Madam,

I hereby give you notice to make payment for a sum of Rs. -insert the amount- borrowed by you due on -insert the date it was to be paid- on a promissory note dated -insert date- together with all interest due in respect hereof on the date of payment, failing which, I shall have to file a suit for recovery of the amount due with interest and costs without any further reference to you, which you may please note.

Your prompt attention to the matter is anticipated.

Yours faithfully,

Your Name

 

Tushar Jha (Advisor)     27 July 2017

Rightly adviced by Raveena ji.

You can send a legal notice as stated above by Raveena ji. Send the Legal Notice via Registered Post Acknowledgement Due (RPAD) to the Opposite Party (Debtor). Keep the Postal AD Card safely as it will be required to be submitted in the Court as 'evidence' for service of notice. Furthermore, do state in legal notice a time-frame by which the Debtor should pay your dues failing which you will file lawsuit against him.

After lapsation of the said time-frame, engage an Advocate and file a Summary Civil Suit under Order 37 of the Code of Civil Procedure, 1908. If the amount is less than Rs. 20 Lakhs, then Summary Civil Suit can be filed in the Local District Court where you reside or where the 'Promissory Note' was executed.

Furthermore, please note there is a limitation period to file a lawsuit. Mostly in money recovery suits, time-limit is 3 years from the date when the money was payable.

All the Best. Good Luck.

Tushar Jha (Advisor)     27 July 2017

Rightly adviced by Raveena ji.

You can send a legal notice as stated above by Raveena ji. Send the Legal Notice via Registered Post Acknowledgement Due (RPAD) to the Opposite Party (Debtor). Keep the Postal AD Card safely as it will be required to be submitted in the Court as 'evidence' for service of notice. Furthermore, do state in legal notice a time-frame by which the Debtor should pay your dues failing which you will file lawsuit against him.

After lapsation of the said time-frame, engage an Advocate and file a Summary Civil Suit under Order 37 of the Code of Civil Procedure, 1908. If the amount is less than Rs. 20 Lakhs, then Summary Civil Suit can be filed in the Local District Court where your reside or where the 'Promissory Note' was executed.

Furthermore, please note there is a limitation period to file a lawsuit. Mostly in money recovery suits, time-limit is 3 years from the date when the money was payable.

All the Best. Good Luck.


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