Suit For Recovery: What Is The Procedure For Recovery Of Debt?
- Order 37 of the Civil Procedure Code, 1908
- Notice for recovery of amount due
- Summary suit
- Negotiable Instrument Act
- Indian Penal Code
Sometimes it becomes tiresome to recover the dues from someone you know and to whom you once lend money and now they refuse to return it back. Unlike Banks and financial Institutions who have well-established debt recovery procedure, we don’t have any particular recovery procedure to recover due amount but law has provided us with numerous legal recourses to battle out such cases and to recover the money. One of the most important legal recourse available to victim is to file a Suit for recovery in Civil Court under Order 37 of the Civil Procedure Code, 1908.
What Is The First Step To Be Taken By Party To Recovery Amount Due?
In order to recover money from party foremost step is to send a legal notice to party for recovery of money. Before commencing any legal action, party is advised to serve a legal notice to the opposite party from whom amount is due. In the said legal notice party is required to describe all grievances including amount due to the party and thereby indicating your desire to initiate further legal actions in case amount is not paid within prescribed time limit.
Is It Important To Send Legal Notice Through An Attorney?
Sending legal notice is basically a final chance given to opposite party from whom amount is due to resolve or settle the dispute and pay the due amount to the party. Sometimes the issue gets settle just by sending legal notice that might bring the opposite party on heels and the issue might get settled even moving to court through mutual discussions and understanding. Thereby it is always advisable to take a help of Attorney to draft a legal notice, as well drafted and strongly worded legal notice elaborate and covers every fact related to dispute and way to resolve it.
What Are The Services Legalstartup Offers For Recovery Of Amount Due?
Our comprehensive range of end-to-end solutions includes following:
- End to end services for recovery notice.
- We have expertise in drafting recovery notice.
- Our Experts shall guide you through the procedure and will draft notice for you.
- Our experts will file a complaint in court in case of no refund within prescribed time.
- We shall inform you of the date and time when your physical appearance before court, if any
- You will get your Recovery Notice without any hassles.
What Is Legal Recourse Available To Party If Opposite Party Fails To Refund The Amount?
- To file a Summary Suit under Order 37 of the Civil Procedure Code, 1908: This is most common and faster mode to recovery due money from debtor in comparison to normal civil suits. After filing of Summary Suit, once the Judge is satisfied, Summons is issued to opposite party/Defendant. Opposite party is given only 10 days time period to appear and represent the case from court. If Opposite party fails to appear personally or through counsel within prescribed period of time, court has liberty to declare party as Ex-party and in such case only plaintiff is heard and matter is decided only on basis of merits.
- To file criminal case under important provisions of Indian Penal Code, 1860: Creditor also has option to go for criminal proceedings , however criminal proceedings are time consuming and as this is criminal offence so more emphasis is given to punishment than recovery of money. Creditor can file a criminal complaint or an FIR with local police station under Section 406 of Indian Penal Code, 1908 for criminal breach of trust; Section 417 and 420 of Indian Penal Code, 1908 which covers cheating and dishonestly inducing delivery of property and its punishment; Section 426 of Indian Penal Code, 1908 which covers punishment for mischief.
- To file a complaint under Section 138 of Negotiable Instrument Act, 1881: Creditor can file a complaint under Section 138 of NIA if debt due is out of cheque bounce/dishonor. This is more viable and fast track method compare to both Summary Suit and Criminal Complaint. As per the provisions of NIA, Creditor needs to send Statutory Notice to the defaulter within 30 days of cheque dishonor or from the date of return memo. Time period of 15 days is given to defaulter to repay the dishonor amount to creditor. In case if defaulter fails to repay the said amount, Creditor has option to file a complaint under Section 139 NIA within 30 days from date of delivery of legal notice to the defaulter. If defaulter is found guilty, the he can be imprisoned for the term of two years and/or with fine, which can be as high as twice the amount of the cheque.
- In case of online transaction: Creditor can file an FIR with the Cyber cell of police of concerned city/state citing that his cyber safety has been breached. Cyber Crime Cells has been operational in various cities of states. As per The Information Technology Act, when a cybercrime has been committed, it has a global jurisdiction so the cyber complaint can be filed at any cyber cell. One may file an online complaint by specifying his name, mailing address and contact number along with an application letter addressing to the head of a cyber-crime investigation cell. He also needs to provide certain documents in relation to the default/crime in order to register a complaint.
Although you can draft the legal notice but it needs to be dispatched under signature of an Attorney. And keeping the importance of money in mind certain legal provisions need to be added in notice that can only be drafted by some legal professional.
You can file a Summary Suit, which is less time consuming, or you can file a criminal complaint under Indian Penal Code. Complaint can also be filed under Negotiable Instrument Act.
No, it is not mandatory to send legal notice before initiation of proceedings. But it is highly recommended to send a legal notice which not only increases the authenticity but also helps to resolve the matter sometime without moving to court. However, for initiating complaint under NIA, it is mandatory to send statutory notice.
The legal notice sent by you is a necessary pre-requisite to be undertaken before taking legal actions against a defaulter for the recovery of money. It is taken into consideration by the Courts when a suit for money recovery is filed. Hiring the best top Debt Recovery lawyers in your locality will help you draft an effective legal notice and subsequently, to file a case to help you recover your money.
Hiring the best Debt Recovery lawyers in your through Legalstartup will help you in sending a legal notice for the recovery of the money owed to you. The services shall be provided to you at affordable prices with no hidden costs and no additional hassles.
If the defaulter’s address is unknown, the legal notice may be sent to his/her last known address.
A recovery notice of dues is a legal notice issued by a creditor or a collection agency to a debtor demanding payment of outstanding dues.
A recovery notice of dues can be issued by any person or organization that is owed money by another person or organization.
If you receive a recovery notice of dues and fail to pay the outstanding amount, the creditor may take legal action against you, which could result in a court judgment against you, wage garnishment, or even seizure of your property.
Yes, a recovery notice of dues can be issued without prior notice to the debtor, but it is considered good practice to give the debtor an opportunity to pay the outstanding amount before taking legal action.
If you receive a recovery notice of dues, you should review it carefully and take prompt action to resolve the outstanding debt. You may contact the creditor to discuss payment options or seek legal advice if necessary.
Yes, you may negotiate the amount owed with the creditor after receiving a recovery notice of dues. It is always best to try to reach a settlement before legal action is taken.
A recovery notice of dues remains valid for a specified period, which may vary depending on the nature of the debt and the terms of the notice.
Yes, a recovery notice of dues can be challenged in court if the debtor believes that it was issued incorrectly or that the amount owed is incorrect.
If you ignore a recovery notice of dues, the creditor may take legal action against you, which could result in a court judgment against you, wage garnishment, or even seizure of your property.
Yes, it is possible to settle a recovery notice of dues after legal action has been taken, but it may be more difficult and costly to do so. It is always best to try to resolve the issue before legal action is taken.