Money Recovery paid to sibling on good faith

Advocate

The posting suggests you yourself are unsure of the facts. As such, any meaningful suggestion is impossible.

 
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@Dr Vashista we have couple of documents like blank A4 and sheet my sister she signed in the paper
Yes we want to proceed but before that we wanted to understand if it's legit or not!
 
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Advocate

Courts need evidence - documentary and / or oral evidence to prove that you lent money to your friend. in the absence of evidence no use of approaching court. Try other means of persuading the person to return your money. You may talk to him in the presence of a person known to you both. U may try to record he conversation / negotiation with ur borrower by video recording. this would become handy to prove ur case. 

 
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Lawyer

Blank signed paper can not be used as evidence. what are other documents to prove your case. 

 
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Advocate

"Blank signed paper", that too from sister?  This platform is meant for the innocent who are facing hassles of law. Certainly, you are not one among those hapless persons!

 
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Advocate

As you do not seem to have obtained any promissory note or other written acknowledgement  from your friend you cannot approach  court to recover the amount. I suggest that you talk to your friend in the presence of another and if possible record the conversation on your mobile or other device which can be used as evidence in court to prove the debt. The trick may work.

 
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Mr P. Venu don't jump on the conclusion without knowing the background you folks are reputed n respected ppl maintain that decorum...don't comment on baseless a ligation like hapless person n all.. WHT we are going thru by losing our entire 40yrs retirement money we only know
 
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CEO

It will be prudent to consult a practicing advocate immediately in your own interest. 

 
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Sivaramaprasad sir.. All the documents are more than 3years unfortunately.. So u mean everything we have in hand is piece of paper sir "it's so heartbreaking"
 
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Retired Manager

Yes Madam! Unfortunately, based on the facts given by you, if the documents completed three years, no action in Court can be initiated as the papers are time-barred. There are a few exceptions to the rule of limitation, which are very difficult to prove and establish.  You may approach a local able and reliable Lawyer and with the available documents and seek guidance for exploring the possibility of finding an exception that can be used to file a suit, duly convincing the Court that the limitation is extended to that extent. Even if the other person has paid any partial amount to you, whether such payment is made with a covering letter stating that partial amount is paid. If such a letter is there, you may show the same also to the Lawyer for exploring the possibility of whether such document can be used as an Acknowledgement of Debt and which thereby extends the limitation for a further period of three years.

 

All the best to you Madam.

 

 

 
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