Friend not returning money
9 months ago
Sir, Once I took some amount from a friend of my Spouse and I returned him within his stipulated time and without any follow-up from his side. Later, he got some urgency and asked me for the amount and I was not in a good position but as a token of Gratitude, I offered him to use my credit card for urgency. He used my card for Rs.50000/- which in turn debited my Card for Rs.51200/- with charges as he transferred amount to wallet. As I earlier haven't paid any interest for amount I borrowed so I asked him to payback only Rs.50,000/- but, he did many excuses since 3 months and he promised me earlier that he'll return amount within 15 days. In recent times, he started shouting on me and my wife and threatening me to come to his city if I want amount. He was threatening my wife on call to shut her mouth and used a wild tone. As she recorded everything, I was able to listen all the things so I asked her not to call him again. Now I wanted to go legally with this issue and recover my amount with Bank rate for 2 months (leaving one month for his past help) and legal charges thereof. Please guide me accordingly.
Gather evidence: Collect all relevant evidence related to the transaction and communication with your friend. This may include records of the amount borrowed, repayment details, any written agreements or messages, bank statements, and the recorded conversation with your friend.
Consult with a lawyer: Seek legal advice from a lawyer who specializes in debt recovery or civil litigation. They can assess the specifics of your case, advise you on the best course of action, and guide you through the legal process.
Send a legal notice: Your lawyer can help you draft and send a legal notice to your friend, formally demanding the repayment of the amount owed. The notice should include a deadline for repayment and consequences for non-compliance.
File a lawsuit: If your friend fails to respond or refuses to repay the amount as per the legal notice, your lawyer can guide you on initiating a lawsuit. They will help prepare the necessary documentation, such as a complaint or petition, and represent your interests in court.
Provide evidence in court: During the legal proceedings, you may be required to present your evidence and argue your case. Your lawyer will assist you in preparing and presenting your evidence effectively.
Obtain a judgment: If the court rules in your favor, you may receive a judgment stating that your friend is legally obligated to repay the amount owed. Your lawyer can help you with the enforcement of the judgment and recovering the debt.
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