Joy Fernandes
Lawtendo helped me in recovering my dues from one of the business partners by sending a legal notice with the help of an experienced lawyer at a very affordable price
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Services Overview
What is a money recovery suit?
A money recovery suit is a legal remedy available to recover the debt due to the defaulter. This civil suit acts as an effective tool to recover money. It is generally in the nature of summary suit (Order 37, Code of Civil Procedure) which offers expeditious disposal of the suit as here the defendant is not entitled to defend as a matter of right but only after applying for leave of the court, he can defend. Apart from this, an ordinary civil suit under the Negotiable Instruments Act, 1881 can also be filed if the money was specifically borrowed via cheques or other bills of exchange instruments. Cheque bounce cases are also filed under the same Act.
Why do you need a money recovery suit?
One can recover the debt owed by filing for a money recovery suit in the appropriate civil court. This can be done by filing a summary suit that helps in speedy disposal of the case or under Negotiable Instruments Act, 1881 where the money was borrowed via bills of exchange instruments. The limitation period for filing a summary suit is 3 years, while under the NI Act, the limitation period is 30 days from the expiry of the notice period.
To Obtain Money Back
- Preparation of documents
- Serving a legal notice or demand notice
- Institution of the civil suit
Collect all the necessary documents pertaining to the bad debt.
A legal notice or demand notice needs to be sent to the defaulter to make him aware that if he does not pay the money 15 days then legal actions will be taken against him.
If the amount is still not recovered, a summary suit or an ordinary civil suit under the NI Act, 1881 can be filed in the civil court.
Estimate Time Required
The procedure for the collection of documents and sending the legal notice may altogether take 8-10 days. After sending the notice, within 15 days a reply can be expected otherwise case proceedings shall begin in the court.
Documents Required for Money Recovery Suit
Original bill of the claim
Agreement from which the liability to pay money arises
All documents and communication between the creditor and defaulter (written or verbal) that support the claim.
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FAQ
MOney Recovery suit is a civil suit filed by an individual for the recovery of their unpaid bills, business dues, payments, or any other monetary dues arising out of any form of written contract or agreement formed between the parties.
The suit wherein the plaintiff seeks to recover a debt payable by the defendant, arising either on a written contract or on an enactment where the sum sought to be recovered is fixed or on a guarantee where the claim is against the principal debtor.
Firstly a legal notice should be sent, demanding to pay the money within a period of 15 days. If no reply comes, then a plaint has to be filed under Order 37 of the Code of Civil Procedure and a simultaneously appropriate court fee also has to be deposited. The limitation to file for money recovery suit is 3 years from the date of transaction, as per The Limitation Act.
A suit is a civil proceeding initiated upon institution of a plaint. It is the institution of litigation for enforcement of civil rights or substantive rights.
In a summary suit, the defendant cannot defend the suit until he enters an appearance and if he makes a default in entering appearance then the allegations in the plaint made by the plaintiff are deemed to be entitled as true and the plaintiff gets a decree which is liable to be executed forthwith.
