Can I file a case against someone who owes me money in India?

The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

What can you do legally if someone owes you money in India?

How to get money back from friend legally

  • Step1: When can you go for legal remedies. …
  • Step2: Court where suit for recovering money can be filed. …
  • Step3: Ensuring there is no triable issue present. …
  • Step4 Filing a summary suit. …
  • Step5 Summoning the defaulter. …
  • Step 6 Court look into these things while granting a leave to defence.

How do I file charges against someone who owes me money?

What to do before suing someone who owes you money in small claims court

  1. Reach Out to the Person Who Owes You Money.
  2. Save All Evidence.
  3. Send a Demand Letter.
  4. Step 1: Complete “Plaintiff’s Claim and Order to Go to Small Claims Court” (Form SC-100)
  5. Step 2: File “Plaintiff’s Claim and Order to Go to Small Claims Court”
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Can I file a police report if someone owes me money in India?

Go to the police station and lodge a criminal complaint against him. You have a strong case to fight and recover your money. … once a FIR under section 420 IPC would be registered the person can be arrested and after arrest he is not likely to get bail unless major part of your money is first paid.

Can I take someone to court who owes me money?

Yes, you can sue someone who owes you money. When someone keeps “forgetting” to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to a small claims court and pursue legal action if it meets the minimum and maximum money thresholds.

How do you prove someone owes you money?

Once a payment is overdue you will have hopefully contacted the person or company to chase the debt. Emails, letters, texts or messages exchanged on social media (Facebook, Twitter etc.) can all be used to help prove a debt is owed and overdue.

Can someone harass you if you owe them money?

Harassment and Call Restrictions

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.

Can I file a case if someone is not returning my money?

The creditor can also lodge a complaint under the Negotiable Instrument (NI) Act. … In case the person has returned the money through cheque to the lender and later if it is found that the cheque has been bounced, the lender can file a suit under Section 138 of NI Act. Here the person has to repay within 30 days.

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How can I recover money without proof?

You can file a police complaint against him. or you can send him a legal notice. If he get agreed to pay you the amount then it is OK. otherwise you don’t have any option other than going for a police complaint or file a private complaint at court.

How do I file a police complaint?

You should include the following information: • Your full name and address. The name of the Police Force you wish to be subject to the investigation. Details of the allegations and complaints you are making together with the outcome you are seeking. For example, specific officers to be disciplined.