What can you do legally if someone owes you money in India?
Asked by: Jayda Lebsack | Last update: July 27, 2025Score: 4.2/5 (65 votes)
- Gathering Evidence. ...
- Open Communication. ...
- Send A Demand Letter. ...
- Consultation with An Attorney. ...
- File A Civil Suit. ...
- File A Criminal Suit. ...
- Settlement Outside Of The Court.
What to do if someone is not giving your money back in India?
- Hi, you have to file a recovery suit against him in court ...
- You can serve him with a legal notice and if after that also he fails to pay back the sum then you will have to file a civil suit for recovery in the appropriate court also you can try and file an FIR for cheating.
Can I file a case against someone who owes me money in India?
The legal action if someone owes you money in India is to file a civil suit in a court of law or approach the debt recovery tribunal. You can also seek the help of a lawyer or debt recovery agent to recover the money.
How to recover money from someone legally in India?
You can file a civil suit for recovering the money he owed through promissory note or loan agreement or even there is no agreement per se. You can do so under Order 37 of CPC which allows the lender to file a summary suit. You can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.
Can I make a police report if someone owes me money?
It is not a crime per se, it is a civil tort issue. You have to sue the person to retrieve your money, the police can't help.. I sincerely hope that you have some sort of written agreement.
What To Do When Someone Has Not Returned Your Money?
What to do when someone owes you money and ignores you?
Even if the debtor doesn't answer you, you should ask them multiple times for the exact dollar amount they owe. It is a good idea to tell them you will pursue legal action as a next step. You can also consider professional collection agency services that work to retrieve personal loans.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
What to do if debtor does not pay in India?
Summary suit: If the payment due is a fixed amount, a summary suit can be filed in a court of law. This is a fast-track legal process that allows for quick recovery of debt. Recovery suit: If the payment due is not a fixed amount, a recovery suit can be filed in a court of law.
Can I get my money back after being scammed in India?
The Financial Conduct Authority has rules on how this must be handled by the bank. You should get your money back if the payment was within the last 13 months, the bank can't prove that you authorised the payment and that the bank does not believe that you acted with gross negligence.
How do I get money back from someone who refuses to pay?
- File a civil case to get your money or property back. The court that hears the case will depend on the amount involved. ...
- File a civil case in rent court. ...
- File criminal charges. ...
- Once a court rules in your favor, you will have a judgment stating that the other person owes you money.
How much does it cost to sue someone in India?
In all suits triable by Court of Small Causes, the fee shall be 10% of the amount claimed subject to a minimum of Rs. 300/. 5. In all money suits, the fee shall be calculated at the rate of 10% of the claim involved in such suits when it does not exceed Rs.
How to recover payments from customers in India?
- Sending of Legal Notice.
- Filing a Cases in MSME Samadhaan under MSMED Act, 2006.
- Filing a Civil/Commercial Suit.
- Filing a Cheque Bounce Case under section 138 of the Negotiable Instruments Act.
- Filing a Case in NCLT under Insolvency and Bankruptcy Code, 2016.
Can I file a case without a lawyer in India?
Yes, you can file a civil suit without a lawyer in India, as individuals have the right to represent themselves in court. However, to understand how to file a civil suit in India, it is often advisable to seek legal assistance to ensure proper handling of the case and to increase the likelihood of a favourable outcome.
Can I sue someone for not returning my money in India?
If someone owes you money under a promissory note or loan agreement, you can file a civil lawsuit to recover it. Under Order 37 of the Civil Procedure Code (CPC), you can bring a summary suit, which is a quicker and more efficient way to handle such cases.
Can I file a police report if someone owes me money in India?
FIR can be lodged only when there is an allegation of commission of a non-cognizable offence. Not returning borrowed money is not an offence at all. So an FIR cannot be lodged for it. A civil suit can be filed to recover the money.
What to do if someone isn't giving my money back?
Use a mediation service, go to court, send a statutory demand or make someone bankrupt if a person or business owes you money.
How much time do cybercrime investigations take in India?
Average Duration of These Investigations: On average, cyber crime investigations in India can take anywhere from a few weeks to several months, depending on the factors mentioned above.
How to track down someone who scammed you?
- Collect evidence of the fraud, and block the scammer. ...
- Don't bother with “people finder” or phone number lookup services. ...
- Fill out an official FTC identity theft report. ...
- File a report with your local law enforcement. ...
- Check your insurance coverage.
What is the punishment for scamming money in India?
The maximum punishment for frauds as specified in Section 447 is imprisonment for a term which shall not be less than six months but which may extend to ten years and fine which shall not be less than the amount involved in the fraud but may extend to three times the amount involved in fraud.
Can I go to the police if someone owes me money?
It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets.
Can a lawyer sue you for non payment in India?
Balram Prasad Sharma[3] the Supreme Court ruled that an advocate has the right to sue his client for his fees, if not paid, like any other professional.
What is the punishment for not paying debt in India?
Lenders can file a case in a civil court seeking repayment. Defaulters may face asset seizure or wage garnishment. Negotiation and settlement options may be explored before legal recourse. This will also reflect on your credit history and severely affect your ability to secure loans in the future.
What if someone tries to sue you but you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
How much money is enough to sue?
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
What happens if you ignore someone suing you?
If you don't file an Answer, the plaintiff can file a “Motion for Default,” asking for an automatic win. The court usually grants the Motion for Default because you haven't officially acknowledged the lawsuit. The court enters a default judgment, essentially ruling in favor of the plaintiff without your participation.