Money recovery Money recovery

8 months ago

How to recover money given to Partnership firm in 2017 by cheque.one partner get retired from Partnership firm on 05-01-2023.take no responsible for paying outstanding loan.complete responsible on another partner to repay loan amount and enter into MOU agreement on trust of retired partner I had given the loan amount

Anik

Responded 8 months ago

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A.Dear Client,
1. Review the Partnership Agreement: The first step is to review the partnership agreement, if any, that was in place at the time when the money was given. The agreement may contain provisions regarding the repayment of loans and retirement of partners. It is important to understand the rights and obligations of each partner as outlined in the agreement.

2. Communication with the Partners: Reach out to the remaining partner and discuss the outstanding loan amount. Provide them with the necessary documentation, such as proof of the loan amount (such as a cheque or any other relevant evidence) and the terms of the loan agreement. It is advisable to do this in writing and maintain a record of all communication.

3. Execute an MOU or Loan Repayment Agreement: If the remaining partner agrees to repay the loan on behalf of the retired partner, you may consider entering into a Memorandum of Understanding (MOU) or a Loan Repayment Agreement. This document should outline the terms and conditions of the repayment, including the repayment schedule, interest (if any), and any other relevant details. It is advisable to consult with a lawyer to draft such an agreement to protect your interests and ensure its enforceability.

4. Seek Legal Action, if Necessary: If the remaining partner refuses to repay the loan or fails to comply with the agreed-upon terms, you may have to resort to legal measures. Consult with a lawyer to understand the legal remedies available to you, such as filing a civil suit for recovery of the loan amount. Your lawyer will guide you through the legal process and represent your interests in the court.
Thank you.
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