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?
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REQUEST: Once you send in a request, our representative will get in touch with you to understand your requirements.
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LAWYER ASSIGNMENT: As per your requirements, we will connect you to an expert lawyer.
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DRAFTING LEGAL NOTICE: Within 3 to 4 working days the lawyer will prepare the draft and share it for your review and approval.
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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:
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Suits amounting between Rs.1 – Rs.20, 00,000/- lie before District Courts.
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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
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DOCUMENT VERIFICATION: You will be required to send scanned copies of documents pertaining to the financial transaction for verification by a lawyer.
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PETITION DRAFTING: The petition will be drafted and shared with you for review and approval within 4 working days of receiving the documents.
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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.
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PETITION FILING: The lawyer will file the petition in Court within 3 working days of approval of the draft.
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ADMISSION HEARING: The lawyer will make preliminary arguments on your behalf and get the petitioner admitted.
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REPLY: The debtor will file a reply to your petition.
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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
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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.
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Decision by court: The Court will state its decision by delivering a judgment.
Defense Opportunity Denied
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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:
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Fill our simple form and receive a call back from our team of experienced advocates.
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Provide us with all necessary details and documents related to your case.
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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?
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Free legal Advice.
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Expert and verified Lawyers
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Lowest Fee
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Quick Process.
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Dedicated case manager
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100% Confidentiality
PAYMENT STRUCUTRE
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You are required to pay 50% of the case fee to start the work
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25% is payable after the petition is admitted by the Civil Court
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Remaining 25% is to be paid before the final hearing of the case
FAQ's
- 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.
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Adovcate Name
15 years Experience
Kailash Hills, Delhi
Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+
Adovcate Name
15 years Experience
Kailash Hills, Delhi
Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+
Adovcate Name
15 years Experience
Kailash Hills, Delhi
Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+