Debt recovery - My uncle had to give 50000 by Court decree
1 year ago
My uncle had to give 50,000 by Court decree to his 1st wife. That time he was helpless and about to go to jail. By his humble request, my mother helped him to get debt by standing as a surity. He written on 100rs stamp paper saying in 2 to 3 months he will return the amount.
It was more than 5 years now, still he haven't returned the amount or interest. Due to the pressure from lendor, we had to pay 1 lakh with all the interest 2 years ago.
He was still not paying to us and saying next month or later month.
Please suggest, if it is good to move to court for this. Does the court fee, lawyer fee and other expenses refundable if I won the case? What will be the maximum months that the case run in these types of cases?
Please help me with your guidance to proceed further.
It is time barred as any money recovery suit is to be filed within 3 years of payment. You may take a cheque for the said amount and file cheque bounce case.
Anonymous
Replied 1 year ago
Dear Sir, thank you for your response. I read some article from one of the law sites saying "However, if there is an acknowledgement of the debt owed to you, then the limitation period will restart". Please suggest if this is true. We have a acknowledgement conversation recorded. Since, he is our family member we delayed it for a long. Please do suggest if any other ways around.
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