Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shailesh Panchal   13 October 2019

Friendly Loan

I have given friendly loan to a friend. Also I have notary agreement of same. Now the person is not contactible and disappeared. What can I do, and how it will be solved ?


Learning

 4 Replies

Manjunath   14 October 2019

1.) Contact a good local advocate for advice. 2.) You can file a case in police station and put the particulars in local newspaper. 3.) In my opinion you can approach court WITHIN 3 years from date of loan/agreement for ex-parte judgement, since he has disappeared. 4.) When he re-appears you could contact police station to arrest him after showing court judgement. 5.) Take note of all assets he has (For example: Any house or land he owns, any vehicle and its registration number, any bank account, any assets) because only in the hands of a SKILLED lawyer can you seize them after court judgement to make good of your debt.

G.L.N. Prasad (Retired employee.)     14 October 2019

You can also explore the possibility of entrusting this to a private detective to find his wherebaouts, as they are capable of tracing any one within in one month and can even provide the list of assets owned by him for further attachment.

G.L.N. Prasad (Retired employee.)     14 October 2019

But take care for filing suit within 3 years from date of agreement or due date if any prescribed in such agreement.

P. Venu (Advocate)     14 October 2019

The facts posted suggests no criminal offence. As such, the Police have no jurisdiction to interfere in the matter. Anyhow, you file a civil case if the matter is within jurisdiction. If the summons could not be served, you have the option for substituted service. If you are able to identify properties, if any, belonging to him, you may seek attachment of the same.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register