Civil Procedure Code (CPC)

Monetary Fraud


Seeking advice regarding what can be done in the scenario of lending money to someone and not getting back despite frequent reminders and threats
 
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lawyer

Issue legal notice to borrower to return your money 

 

if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

 

 


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Issue demand notice to borrower and if he fails to comply with notice then file recovery suit against him.


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I hope you have given the money through cheque otherwise if by cash then the chances of your getting back money are remote.
 
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Retired Manager

Proceed legally through a local dependable Lawyer, provided you have proof of lending the money like a Pronote etc. 

 

Not paying a loan is not a fraud. It's a civil case.

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Shaswata
Seeking advice regarding what can be done in the scenario of lending money to someone and not getting back despite frequent reminders and threats

 

1. "IF" you have received THREATS, You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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Hello,

If you are sending reminders then no problem but you cannot threaten. You have to take legal action for the recovery of money. Issue him legal notice and file a recovery suit in civil court. 

 
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Dy Director

please state relevant facts.

 
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Lawyer

It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

 
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COLLECT THE DOCUMENT OF PROOF THAT YOU LEND THE MONEY AND HIGHER A ADVOCATE 

 
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