Suit Recovery of Money Under CPC | Draft | Format

Suit

Recovery of Money

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Overview

Money Recovery! Is this something that you're currently concerned about? You've probably lent money to people before, but things didn't work out, and they defaulted on paying you back. Or do you want to recover your own money from other parties? A suit for the recovery of money is an effective and efficient way to recover a debt from the debtor. The civil remedy for money recovery is suing a money defaulter. It's the filing of a lawsuit in a court of competent jurisdiction.

The suit may be filed under Order IV of the Code of Civil Procedure, which was enacted in 1908, (CPC).

From now on, you won't have to be concerned about it. You might wonder ‘how’ and ‘why’. If you're considering filing a lawsuit for money recovery, it's important to understand what that entails. Let us first understand what money recovery or money recovery suit really means, and then we will discuss how you can recover your money legally, what are the money recovery laws in India, and other important details about it.

You would have faced a situation where another person or company has failed to repay for services/ products already received. To recover your money, Legaltax will help you file a ‘summary suit’ for recovery of money through an expert debt recovery lawyer.

Before filing a suit for recovery of money, sending a legal notice to the defaulting party serves as a final warning to clear the outstanding payment. In case the dispute is still not resolved, you should then file the case.

To send a legal notice first, send a legal notice as a final communication to the opposite party to resolve the issue before you file a case against them in the court of law. A legal notice typically prompts receiver to take immediate action and resolve the issue.

Legaltax will help you send the legal notice through an expert lawyer. Limitation Period The time period for filing a suit for money recovery is 3 years from the date when the cause of action arises. However, it can also be condoned and subjected to the discretion of the court.

FORMAT OF SUMMARY SUIT

What are the steps for sending the legal notice?

REQUEST: Once you send in a request, our representative will get in touch with you to understand your requirements.
LAWYER ASSIGNMENT: As per your requirements, we will connect you to an expert lawyer.
DRAFTING LEGAL NOTICE: Within 3 to 4 working days the lawyer will prepare the draft and share it for your review and approval.
LEGAL NOTICE DISPATCHED: Once you approve the draft, the lawyer will send the legal notice on his letterhead.

Where we can file suit for recovery of money?

After understanding the meaning of a money recovery suit, the next possible question in your mind could be the place where you can file a case for a suit related to money recovery in India. The jurisdiction for filing a money recovery case can be decided based on the place or location where your money defaulter belongs and the pecuniary limit that a court can have power over it.

Territorial Jurisdiction

The most important thing when you're deciding where to file a case is whether the court has territorial jurisdiction over the person or not. Under this type of jurisdiction, the geographical limits of a court’s authority are clearly delineated and specified. It cannot exercise authority beyond that territorial/geographical limit. As per CPC, 1908 a suit can be filed at any of the given territorial jurisdiction: Place where the defendant (money defaulter) resides.

Place where the defendant runs his/her business or has a medium of earning. Place where the cause of action arises either wholly or partially. This was about territorial jurisdiction, but we need to keep in mind pecuniary jurisdiction also. Like where to file the case, be it district court, high court, or supreme court.

Pecuniary Jurisdiction

Pecuniary means ‘related to money’. Pecuniary jurisdiction tries to address whether a court of law can try cases and suits of the monetary value/amount of the case or suit in question.

This is determined by the pecuniary value(amount of money)you are dealing with. Based on the pecuniary amount, the case for money recovery can be filed.

For example, the pecuniary jurisdiction of the Courts in Delhi are as follows:

Suits amounting between Rs.1 – Rs.20, 00,000/- lie before District Courts.
Suits over and above Rs. 20,00,000/- lie before the High Court.

Note: First territorial jurisdiction is determined then you have to look for pecuniary jurisdiction.

STEPS INVOLVED IN FILING A SUMMARY SUIT FOR RECOVERY OF MONEY

DOCUMENT VERIFICATION: You will be required to send scanned copies of documents pertaining to the financial transaction for verification by a lawyer.
PETITION DRAFTING: The petition will be drafted and shared with you for review and approval within 4 working days of receiving the documents.
SENDING PETITION COPY: Once you approve the draft, the lawyer will print the complaint on legal size paper and send it to you for your signatures. You will have to send signed copy of the complaint to the lawyer along with the required documents.
PETITION FILING: The lawyer will file the petition in Court within 3 working days of approval of the draft.
ADMISSION HEARING: The lawyer will make preliminary arguments on your behalf and get the petitioner admitted.
REPLY: The debtor will file a reply to your petition.
HEARING: The Court will conduct hearing and listen to arguments in the matter to verify if the debtor should be granted an opportunity to defend his case.

DEFENSE OPPORTUNITY & DECISION

Defense Opportunity Allowed

Arguments and examination of evidence: In special circumstances, the Court may allow the debtor to defend the suit. In this case, the Court will hear arguments from the lawyers of both parties and examine the evidence presented before it.
Decision by court: The Court will state its decision by delivering a judgment.

Defense Opportunity Denied

Decision by court: In case the Court refuses to grant the debtor an opportunity to defend the suit, it will straightaway deliver its judgment in the matter.

Required Documents

Original invoice/ bill for sale of product/ service
All communications in forms of letters or emails sent to the other party for repayment of money
Any other document related to the product/ service

HOW TO FILE A MONEY RECOVERY SUIT WITH LEGALTAX?

We at Legaltax know how much value the money that you have earned means to you. You can’t just leave your money and you shouldn’t.

The process for filing a suit for the recovery of money is quite simple with Litem. All you have to do is just follow our 3 simple steps process:

Fill our simple form and receive a call back from our team of experienced advocates.
Provide us with all necessary details and documents related to your case.
Our team of legal experts will handle that for you.

Our legal advisors and advocates have the deepest understanding and expertise in this area especially related to specific laws applied in money recovery cases. So, when you are in need of any kind of legal representation and have already decided to choose one, you can avail the services of Litem, one of the best law firms in the country with dedicated representatives precisely to deal with recovery cases.

WHY TO CHOOSE LEGALTAX?

Free legal Advice.
Expert and verified Lawyers
Lowest Fee
Quick Process.
Dedicated case manager
100% Confidentiality

PAYMENT STRUCUTRE

You are required to pay 50% of the case fee to start the work
25% is payable after the petition is admitted by the Civil Court
Remaining 25% is to be paid before the final hearing of the case

FAQ's

Legaltax legal advisors and advocates have the deepest understanding and expert in this area especially related to specific laws applied in money recovery cases. So, when you are in need of any kind of legal representation and have already decided to choose one, you can avail the services of Legaltax, one of the best law firms in the country with dedicated representatives precisely to deal with recovery cases.

The jurisdiction can be decided based on the place or location where your money defaulter belongs and the pecuniary limit that a court can have power over it. The most important thing when you're deciding where to file a case is whether the court has territorial jurisdiction over the person or not. Then you have to check for the pecuniary jurisdiction. This is determined by the pecuniary value (amount of money) you are dealing with. Based on the pecuniary amount, the case for money recovery can be filed.

A plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s (a person who starts legal action against somebody in a court of law) claim after filing suit.

First of all, it should be drafted only by an advocate.

The notice should include the name, address, and contact details of the advocate.
The date on which the legal notice is issued including the name, address, and contact details of the person to whom the legal notice is issued is to be stated.
Since you are issuing the legal notice to the money defaulter then your name and details should be mentioned in it.
It should be made clear in the notice as to how your right has been infringed due to the act or omission by the opposite party and for that what you want from him. A specific direction must be given to the opposite party along with a time limit
The notice must be signed (with date) by the advocate and the sender.

A summary suit is a legal procedure for faster and efficient remedy. In case of admitted liability by the debtor or financial liability arising out of a written contract, a summary suit can be filed in a Civil Court for speedier recovery of money. Unlike normal cases, summary cases are disposed off quickly. The summary suit is based only on written statements from both parties without any unnecessary trial hearing. At the time of filing of the summary case, necessary documents such as bills, invoices, contracts, delivery receipts etc. are required to be attached with the petition.

In a summary suit, the debtor cannot defend his case as a matter of right. In the event of Debtor wanting to contest the case, he/ she has to convince the Court to allow him/ her to defend the case. The Debtor will have to show facts and circumstances which would require detailed trial. If the Court does not grant such leave, the Court shall pass the judgment. However, if the Court is convinced that there are issues on which trial is required, only then the Court will grant the debtor to defend the case.

Any performance of an art form is protected against any kind of reproduction and is in the exclusive ownership of the performer only. This protection is given for 50 (fifty) years from the day of performance. For Example, if a person is reciting a poem, no one can reproduce the same in a newspaper or anywhere else without the explicit permission of the performer.

Expression of an idea in the following forms can be protected by getting it copyrighted:

Literary works: Scripts, books, computer programmes, website
Dramatic work: Drama, films, telefilms
Musical work: Recorded sounds, music recordings
Artistic Work: Paintings, photographs, designs
Broadcasts on TV and radio
Cinematographic films

The summary suit must be filed within a period of 3 years from the date of cause of action i.e. 3 years from the date the money became due and payable.

You can ask for the following three reliefs in your petition for recovery of money: Payment of outstanding amount Interest on the outstanding amount from the due date till the date of payment Costs incurred towards litigation.

The procedure in a summary suit ensures that there are no unjustified delays in delivering justice. It is a speedier and efficient recourse to recover your money when compared to ordinary civil suits. The debtor in a summary suit does not have a right to defend her/ his case if the liability is arising out of a written contract, guarantee or enactment. After filing of the suit, the debtor/ defendant is required to mark an appearance in Court within 10 days and has to apply for leave to defend the suit. In his application, she/ he has to convince the court of circumstances warranting a detailed trial. However, in most cases, it has been seen that the Court does not grant such leave to the defendant and hence a judgment is delivered by the Court straightaway without having detailed hearings or detailed examination of evidences.