BORROWER ABSCONDED
3 years ago
I lend some amount to a person he is absconded more than a year. I have cheques, promisory note, and a signed document. Total amount is 35 lakhs. His properties are locked. Noone is there. What is the next thing I should proceed legally. Is there any possibility for possession of property. I don't have his property documents. I don't have any lending license. I just gave for little interest because he is a friend. One year no interest paid. The person is absconded. Kindly help me to proceed further
You just bounce the cheque and proceed otherwise you have to face lot of problems and in the meanwhile file a civil suit on the basis of promissory note thus you may get ex-parte decree even though he is absconded.
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You can file a suit against him for recovery of your money in court, and since he is absconding a non bailable warrant might be issued against him or his properties will be attached to pay your dues.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a suit against him for recovery of your money in court, and since he is absconding a non bailable warrant might be issued against him or his properties will be attached to pay your dues.
Sidhaarth
Responded 3 years ago
Suneel Moudgil
Responded 3 years ago
serve the notice at his last known address, if not served to opt for the publication and upon his non-appearance, obtain an ex parte decree,
you can attach his properties in your case by filing an application in this regard,
you can get the details about the properties from the concerned sub-registrar office,
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
3. chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your inputs you need to initiate immediate legal actions by presenting the cheques in banks to initiate legal actions in the court as per existing legal provisions, the court will issue NBW to that person, simultaneously get attachment over the properties
Emi not paid for last 2 month for credit card and loan
Under the Provincial Insolvency Act 1920
Repayment of loans and credit cards
Multiple unsecured loan defaults
Unfreeze
