Friend not returning money
Nitin
(Querist) 18 May 2025
This query is : Resolved
One friend requested me to lend him some money as there is some medical emergency. I told him i have money but i am closing my personal loan. He told that lend me the money and I will pay the EMIs every month. So I trusted him and transferred 70,000.
He paid me 2 EMIs amount and then he stopped paying since a year. I requested him so many times that I also do not have money please pay EMIs but he just kept giving promises not money.
I want to know what are legal remedies for me to recover my money from him. Its over 1 Lakh for now. Please suggest me some solutions.
Thank you.
T. Kalaiselvan, Advocate
(Expert) 18 May 2025
You issue a legal notice demanding return of your loan amount with interest, failing to respond you may file a suit for recovery of money to recover your money
Sri Vijayan.A
(Expert) 18 May 2025
Expert Adv Sri T Kalaiselvan has given right advice.
Nothind to add, I endorse his view.
Dr. J C Vashista
(Expert) 19 May 2025
Before proceeding to recover subject loan amount certain questions have to be replied such as:
You have advanced loan to your friend in cash or through bank transaction ?
Did your friend acknowledged receipt of Rs. 70,000/- in any manner ?
Whether any agreement was executed or cheque / promissory note or any other instrument was drawn in your favour for the loan amount ?
Nitin
(Querist) 19 May 2025
No agreement was done, it was just verbal. I have transferred him through UPI. He paid 2 5200 EMIs and the stopped since more than a year.
@Kalaselvan sir suit for recovery of money, all this will be through court no?
Someone suggested to go through Economic Offense Wing as that will be fast and low in cost.
Dr. J C Vashista
(Expert) 20 May 2025
Either to stay / believe experts on this platform or move on as advised by "someone".
Nitin
(Querist) 20 May 2025
@Vashista that was also a query sir, why get angry?
kavksatyanarayana
(Expert) 20 May 2025
Not his angry. You said " someone said". If you believe someone words, why did you post here?
Dr. J C Vashista
(Expert) 21 May 2025
@ Nitin,
If you do not have faith in the opinion and advise of experts obliging you, what is the point of posting your query on this platform.
Contact and consult "someone" as mentioned therein your post.
Nitin
(Querist) 21 May 2025
now here war of words going on. you have to be perfect if you are asking query here. one word here n there and you are gone.
Sudhir Kumar, Advocate
(Expert) 24 May 2025
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. So he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticised.
