Help regarding promissory note

1. Serve him a legal notice asking him to pay up.

2. If he fails to do so - file a summary civil suit on basis of promissory note, a summary suit is comparitively far speedier than an ordinary suit. 

First of all when was the pro-note executed since the validity of the note is 3 yrs and secondly if it was executed for more than 3 yrs then has he acknowledged the debt after 3 yrs.

thanx for u all for ur help 

can i claim all the charges paid to lawyer

can i claim all the charges paid to lawyer

Fierstly be concerned about the recovery of principle amount . you may claim the lawyers fee as cost of suit .

Order 37 of CPC provides summary proceedure in suits based on Negotiable Instruments/ Promissory Note.The essence of summary suit is that the defendant is not ,as in an ordinary suit ,entitled as of right to defend the suit. He must apply for leave to defend within the stipulated period of ten days.Such leave will be granted only if the affidavit filed by the defendant discloses such facts as will make it incumbent upon the plaintiff to prove consideration or such other facts as the court may deem sufficient.

Nothing to add, all said and done.

Many people are not awar that summery procedure is fast procedure for recovery of money. NI 138 action is criminal and the defaulter may be punished but no assurance of recovery of money.

 

If the debtor skips or forgets to apply for defense in first ten days the job of lender becomes most easy.

This is with reference to reply thread dated 24.06 .2012.I fail to understand ,how you have reffered to Section 138 of NI Act, while commenting on recovery by enforcement of a promissory Note .There may not be far fetched connection.