Friend not returning borrowed amount and giving false deadlines
1 year ago
I lent 80k around January 2022 to a friend who requested for the help on the pretext of family issue. At told me that he will payback the amount as 10k at the end of each month and will clear the complete amount by May. However up til this date he has not given back single penny. I have whatsapp conversation and bank transaction details as proof. Can someone please suggest what can be done here... My mother is in hospital needing urgent treatment and I badly need the money back.
A.Dear client,
The period of limitation for the recovery of debt is 3 years. The period of limitation runs from the date on which the debt was supposed to be paid back (in your case, may 2022). You can file a money suit under Order 37 of the Civil Procedure Code, but to tell you the truth, it is a long process, and might take years, unless you have a decent and trusted advocate on your side.
Kindly verify the pecuniary jurisdiction of the courts in your state, before filing the claim.
As it is Rs.80,000, you can file it before a district civil court and high courts will entertain claims above that amount only.
Or,
1) Send a legal notice to your friend and wait for 15 days for the reply. [Notice should contain information about why the money was given, how it was given and all the other details that you have.]
2) If no/unacceptable reply is received from your friend, go to police station and file a private complaint under criminal breach of trust, cheating and mischief ( u/s - 427 of IPC).
3) Approach the court and you can file both civil and criminal case against him. Make sure you carry the copy of complaints and other details with you.
Please find an advocate you can trust and who will not delay the case simply for his/her own benefit.
The period of limitation for the recovery of debt is 3 years. The period of limitation runs from the date on which the debt was supposed to be paid back (in your case, may 2022). You can file a money suit under Order 37 of the Civil Procedure Code, but to tell you the truth, it is a long process, and might take years, unless you have a decent and trusted advocate on your side.
Kindly verify the pecuniary jurisdiction of the courts in your state, before filing the claim.
As it is Rs.80,000, you can file it before a district civil court and high courts will entertain claims above that amount only.
Or,
1) Send a legal notice to your friend and wait for 15 days for the reply. [Notice should contain information about why the money was given, how it was given and all the other details that you have.]
2) If no/unacceptable reply is received from your friend, go to police station and file a private complaint under criminal breach of trust, cheating and mischief ( u/s - 427 of IPC).
3) Approach the court and you can file both civil and criminal case against him. Make sure you carry the copy of complaints and other details with you.
Please find an advocate you can trust and who will not delay the case simply for his/her own benefit.
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