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Legal notice for Recovery of Debt

Sometimes, it becomes difficult to recover money from people who owe it to you. It is not only distressing to have your money blocked with someone, it is also stressful to keep reminding someone to pay you back your own money. In such cases, taking the legal course often becomes the only option. Filing a suit under the Code of Civil Procedure is the most common route.

The first step towards legal action is to prepare a legal notice for recovery of your money. If someone owes you money, but refuses to pay it, you can send it to him.

Essential Features of a Notice for Recovery
A valid notice for recovery will contain the below details.

The events that led to money being due. For instance, the payment for a service or product.
Timeline of the above events.
Terms of payment.
Other obligations under the contract of service or sale of goods.
A reasonable period of time to allow repayment of dues.

You have the following options for recovery of money:

Civil remedies:

The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiffs allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question. Where the matter concerns penalties or any other uncertain amount, one cannot file a summary suit.

Criminal proceedings:

You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or even mischief. These are the following sections you can file a case under-

1) Section 406 covers criminal breach of trust under the Indian Penal Code.
2) Section 417 tackles cheating under the IPC.
3) Section 420 covers punishment for cheating and dishonestly inducing delivery of property
under the IPC.

4) Section 426 covers punishment for mischief under IPC.
However, criminal cases are timeconsuming and economically not viable. In criminal case,
punishment would be given more emphasis whereas, in civil cases, recovery of money would
be. Moreover, the burden of proof is higher in criminal cases compared to civil ones.

If it involved any online transaction-

You could consider filing a case of FIR with the Cyber cell of police of your city/state citing that your cyber safety has been breached. CIDs (Criminal Investigation Departments) of various cities opened up Cyber Crime Cells in different cities. The Information Technology Act of India states clearly that when a cybercrime has been committed, it has a global jurisdiction. Hence a complaint can be filed at any cyber cell.

You could follow these steps while registering an FIR-

Step 1 –One may need to provide name, mailing address & telephone number along with an application letter addressing the head of a cyber-crime investigation cell when filing a complaint.

Step 2 –One must provide certain documents in order to register a complaint. List of documents varies with the type of cyber-crime.

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