Debt Recovery Lawyer for Recovery Of Loan Matter

I am looking for an effective attorney at Secunderabad/Hyderabad to follow-up a debt of Rs. 7.5+ lakh due from a person to whom a temporary loan was given interest-free to help his business.

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

You can file a recovery suit with the help of a debt recovery lawyer in India to claim your money back. A debt recovery suit is commonly filed as a summary suit under Order 37 of the CPC. A summary suit is where the case is dealt with in the shortest time and the defendant does not have the right to defend his/her case. 

Order 37 of the CPC is applicable to: 

  1. All the suits upon bills of exchange, hundies, and promissory notes.
  2. The suits 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 against the principal is in respect of a debt.

The first thing you need to do is to send a debt recovery notice to the other person asking him to return your money within 30 days, or else you will proceed to file a debt recovery case against him. The lawyer will draft the notice and include your details, details of the debtor, the amount taken by the debtor, the time when the loan was taken, the grievance faced and the remedy sought.

You can file a suit under this provision if there is a written agreement between you and the other person. You need to consult a money recovery advocate near you to know the applicability of your case under Order 37 of the CPC.

Answered on 19 Nov 2018

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