Partnership firms, proprietorship firms, companies, traders, individuals and others can file a suit for recovery of their unpaid bills, business dues or payments where there is any form of written contract/agreement formed between the parties.
As per provision of Section 3 of Limitation Act, one can send a legal notice to the party demanding money from them, in case the party fails to pay the money, one can file a recovery suit in the Civil Court.
A money recovery suit can be filed under order XXXVII Civil Procedure Code. In this suit debtors have limited choice of not paying debts to the party which files the suit, as there are not many chances where the proceedings could be delayed.
The limitation period for filing a civil recovery suit in India is 3 years. After that the claim is barred by time. It is imperative to decide which Court of law one should file their suit for recovery. Before legal action is taken against a debtor, this claim should be brought to the notice of the debtor and made sure that they are aware of the fact that the debt has not been paid back.
If a party has filed a suit under this order, then after appearing before the court within 10 days and after service of summons for judgment, defendant can apply for leave to defend for contesting the matter and this completely depends on the court, if it deems fit to approve the leave.
Collect and send in the copy of required documents to us for verification.
A petition would be drafted within a week of information being received
Documents for approval shall be shared with the party concerned.
On receival of the approval on the drafted petition a well framed copy is sent to the court.
The debtor may reply to the petition
The Court will conduct hearing and listen to the arguments in the matter to verify
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