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Bharat Singh   16 September 2020

Urgent

Somebody please help me with this.

A person has taken some money (about 15k) from one of my friends and though he promised to return it back asap, he has failed till date to return it. About 1 year is going to pass and he makes excuses that he will pay sooner or later but to no advantage.

Although my friend has no receipt to the money transfered to this person, however the defaulter has confessed this before one of the Sub inspectors of a police station on a telephone call that ' yes I owe money and I will return it soon'.

Kindly suggest me as to how to proceed against this person legally so that he can release the amount, without filing an actual case in court (since the process would be long and time taking and also 15k is a small amount hence the court proceedings would prove to be a costly affair).

Thankyou.


Learning

 2 Replies

Akshay tripathi   16 September 2020

I would have suggested you primarily to go for the legal course action by filing a Money Suit(Recovery of money) in the civil court before Civil judge II class, but since u urself avoiding to indulge in court affairs, and you have suffered a lot of false promises from your friend regarding return of money,
i would suggest you to send him a clear cut message, by issuing a strictly drafted Legal Notice to him, containing the issue , the relief which you are seeking and what will be the legal consequences afterwards, send it through a Lawyer.
This will be a prior intimation to the defaulter that now u will not be spared and action will b taken against u, if you fail to comply with the relief/demands.

SHIRISH PAWAR, 7738990900 (Advocate)     16 September 2020

Hello,

Yes, you have to file a recovery suit in court. You have already tried to recover by approaching the police station but the police didn't help you.


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