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sathiyamoorthy (Caption)     15 March 2015

Hand loan - legal remedies

I'm a n NRI. One of my friend in India asked me 20,000 loan as hand loan. I asked my mother to give him the money. she gave him the money and got a written acknowledgement in diary. Now he is not paying the money even after 2 years. last week, i have sent him a notice of demand to pay the money within 1 month by registered post. he is avoiding from receiving the registered post but somehow know i sent him the notice.

What are the civil and criminal remedies i have to collect the money and teach the lesson? 


 14 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     15 March 2015

Sir, File a recovery suit on the basis of the acknowlgment and also file an FIR for fraud .... Regards Kapil Chandna Adv 9899011450

viji (no)     16 March 2015

whatt happens when u file an FIR for fraud?

K.P.Satish Kumar (Advocate)     16 March 2015

file money recovery suit with till date intrest at proper court. it is the easy way to regain. 

sathiyamoorthy (Caption)     16 March 2015

Thanks for the guidance. I need a clarification on the legal acceptance of the diary acknowledgement. Will the "I owe you" kind of statement in a diary paper is acceptable by Civil court  in case of suit?

viji (no)     16 March 2015

what is the timeframe the suit recovery case will go on before you get your money?

K.P.Satish Kumar (Advocate)     16 March 2015

The time frame to file suit is within 3 years from the cause of action

1 Like

viji (no)     16 March 2015

i mean, once u fule a recovery suit, how long maximum case will go on before u can recover the money n interest u loaned?


U say U R an NRI, R U staying in India or abroad. Just the words I Owe You cannot be taken as a prime evidence

sathiyamoorthy (Caption)     17 March 2015

I'm staying out of India. But the debtor signed a statement saying he received a loan of 20,000 from my mother on some date. i understand i personally cannot the file the suit or complaint.but my mother can do it right?

in that case, is this signed statement can be valid evidence in civil court?


A clever opp lawyer will prove it wrong

sathiyamoorthy (Caption)     17 March 2015

Thanks for the clarification. I presume your inference is based on absence of stamp paper. please let me know if there is some thing else.

However as this document is a evidence as per Evidence Act,  can i file a criminal complaint for fraud and breach of trust?

Could you please let me what are the legal choice i have? 


Proceed legally only if U want to teach him a lesson, otherwise U will be wasting UR time and money.I strongly feel the evidence U possess is not sufficient.

T. Kalaiselvan, Advocate (Advocate)     18 March 2015

The evidence in your possession for having lent the loan to him has not been witnessed hence it becomes a weak evidence. You may file a money recovery suit in your mother's name against him but make sure that corroborate more evidence which includes the lawyer's or legal demand notice, etc. Your mother can even lodge a police complaint for cheating and breach of trust etc.


But I feel mere acknowledging in his mother's diary is not a valid evidence  to proceed in the court of law or even lodge a police complaint, the borrower can deny it out rightly stating it is not his signature. That's my personal opinion.

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