Lent money is not returned issue
8 months ago
Hi, my friend borrowed from me Rs.300 and told me that he will return my amount within 2 days of time. But it is going to be nearly 1 month and when asked after 10 days from borrowing he said that he would pay me the same day evening. But after that my messages and calls being ignored. Even though it is a small amount, I am emotionally stressed as he not returning my messages and calls.
A.Dear client,
A lender can file a civil suit for recovering the money owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit.
Drafting the summary lawsuit is the initial step in this process, after which the borrower should be served with the summons. Along with the copy and summons, the court requires certain documents to be produced before it. The defendant will be required to appear in court within 10 days of the lawsuit being filed. If the debtor doesn’t show up, the lender must show the court the summons that was previously sent, and then the judge may compel him to send another summons. If the defendant has a defense, he may raise it in court; if not, the judge will take the lender’s claim as genuine and award the judgment accordingly in his favor.
The creditor can also lodge a complaint under the Negotiable Instrument (NI) Act as well. The Act can only be used to file a suit against parties who have not returned money lent through instruments such as cheques, exchange bills, etc.
A lender can file a civil suit for recovering the money owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit.
Drafting the summary lawsuit is the initial step in this process, after which the borrower should be served with the summons. Along with the copy and summons, the court requires certain documents to be produced before it. The defendant will be required to appear in court within 10 days of the lawsuit being filed. If the debtor doesn’t show up, the lender must show the court the summons that was previously sent, and then the judge may compel him to send another summons. If the defendant has a defense, he may raise it in court; if not, the judge will take the lender’s claim as genuine and award the judgment accordingly in his favor.
The creditor can also lodge a complaint under the Negotiable Instrument (NI) Act as well. The Act can only be used to file a suit against parties who have not returned money lent through instruments such as cheques, exchange bills, etc.
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