ANKIT MALVIYA (xyz) 03 July 2011
A person tokk money from me. He is refusing to return it. So i wrote the matter to his dad. His dad once promised to payback but now he is also refusing to payback. I told him i would send letters to his neighbours telling them how both father and son are frauds. can they file a case of blackmailing against me.?
Raghav Sood (Lawyer) 03 July 2011
no they can'nt file a case for blackmailing but they can certainly sue for libel defamation dont do that and it seems from your query that you dont even have any writing qua lending of money try mediation only by involving other aquintances in the matter ./this might help
G.Nagarajeshwar Rao (Advocate) 03 July 2011
On seeing your query you are not having any written proof of evidence showing that you lent money to that person. It is dificult to prove that in absense of the written proof. However you may approach an advocate - who is practicing civil side, he can help you. You must build your case on oral evidence and circumstances. Otherside can not file case [blackmailing]. If they file any case, they will be in soup, while cross examing them.
Saurabh..V (Law Consultant) 04 July 2011
@Arunesh
Why you do not approach the police against this father-son duo? You must have a proof emerging from your bank statement from where you withdrew your money to give loan to these crooks?
And if you send such letters, then it might amount to defamation but not blackmailing.
//peace
/Saurabh..V
Sudhir Kumar, Advocate (Advocate) 27 November 2011
You have not intimated your age. The age of borrower. The prupose of borrowing. No advise can be given.
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