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Can a startup setup by an Indian entrepreneur registered in USA send legal notice to an Indian consumer over recovery of dues ?
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A. Absolutely yes. There is no issue at all in sending a legal notice in this scenario. It can either hire lawyer in USA to send a legal notice from there or hire an Indian lawyer to send the notice from here itself.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anurag Thakur

Posted 5 months ago

Dear sir 5 years back my mother lent 18.0 lacs to my maternal cousin for his business needs in good faith. 4 years back when I came to know this I invited him and got an agreement signed mentioning details of money and repayment. He was supposed to payback the money in six months but he hasn't done this till date. Last month he gave us a cheque of 5.0 lacs that also returned unpaid. Now we are contemplating legal recourse to get our money back. Please suggest following queries. 1. Can money be recovered legally? 2. If yes, what will be expenses (monetary)? 3.what kind of lawyer is needed. Can you suggest any? 4.how much time will it take? Note-the money lent/given was my father's retirement benefits that we received after he died when he was still in service. Our family's only savings. Thanks and regards Anurag thakur
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A. If you have a written agreement then certainly it is easier to file a case and recover the money as you can easily prove in court of law that there was an act of lending and receiving money. Now to recover money you got two options, Criminal and Civil. CRIMINAL You present the cheque in the bank and when the cheque is not honoured then file a cheque bounce case. This will be relative faster to get your money back as your cousin will be jailed if he does not pay your money back. But remember one thinng Cheque bounce cases are technical in nature and you must higher a good lawyer to ensure that everything is done properly otherwise you may not get the desired result. CIVIL A) File a money recovery suit in the local Civil Court through a good lawyer. This will take its own sweet time as Civil matters have a lengthy process for obvious reason to ensure that proper adjudication of the matters happen and justice is delivered in rightful manner. B) For special kind matters where it is confirmed that money is due from one party to another then one can go for SUMMARY SUIT. This is the easiest and fastest way to get your money for cases with special conditions. Summary suits are adjudicated within 2-3 months if done in proper manner. Your generic question of how much time does it take for the judgement for any case the answer is as follows; Any Civil matter has minimum 18 different stages and each stage has multiple sub stages. Hence in general it will take more than 18 dates for finish off. Secondly the dates are given on the basis of availability of judges, date diary etc. So, it is humanly not possible for a lawyer to tell you the exact time taken for a case. I hope you will understand.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I had lended 9 lakhs to an aquarium businessman who at the time seemed to be genuinely in need of money to run his business. I got a written agreement on a normal paper with a witness sign from my end and this aquarium businessmans signature. This agreement stated that he would repay my 9 lacks with an interest of 36% at the time of Rrepayment which was 9 months from the date the agreement was made. Its been 3 months now since i lended him the money. Recently i uncovered that this person had borrowed money from many other people ( most of whome were his customers ME INCLUDED) and promised them the same thing. This person has disappeared and not answering his calls or responding to mails. Is there any legal way to recover my money and what is the procedure. I am just a student and i don't have any money at the moment. PLEASE HELP!
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A. See if you have a written agreement then you can go ahead and file a summary suit to recover ypur money. But before that send him a legal notice.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Hi Sir, This is Shankar and I lent a total of 26Lakhs to a friend when he was in a crisis with a promise that he would return that to me in few days. however, past few months, he has been making promises but not returning it. I have undated cheques for 25L and a promissory note for 10Lakhs. He still says he will return the money but I am slowly losing confidence. Need your advise how to proceed here to recover my loan that was given on trust. Also, if they ask for more time, what other documents/guarantees/surities I should ask them to further safeguard my interests?
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A. Mr. Shankar, You have made a smart move by having an undated cheque and a promissory note. They will prove to be strong evidence in case you have to go legal way against your friend to recover your money. Additionally you should try and get one loan agreement execute by you and your friend. You see you have lent a huge amount to him and you must ensure that it is protected from all risks.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Hi, I have completed the teaching online course for the agreed subject. But after completion the agency is not paying for the same as per the agreement LOI. I t's been 2 months almost. Please suggest what to do. Thanks
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A. Send them a legal notice and ask for the payment.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 10 months ago

dear sir, toady meri case ki Date thi. but me court jana bhul gaya. to ab court mere against kya action le skta hai. ya kya mujhe ek new date mil skti hai court ki tarf se.
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A. Got to the court and find out what happened and also inquire about the next date and try to be present. If not you then your lawyer should have been there, ask him/her what happened.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Hi, I gave an amount of Rs 50000 to a girl who once used to be my friend. She asked for 15 days amd now its been 4 months today. She always avoids my call and seldom respond to my messages. The transaction was an account transfer . please provide your valuable advise if there is any legal way to file a complaint in this matter. Thanks
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A. See filing a case for 50k is not a wise way as you may have to bear the cost of litigation which can very well go beyond this amount. I can suggest you to send a legal notice to her asking to pay or else you will file a case. Secondly you may try to get a post dated cheque from her and then later by presenting it and in case you don't get your money you can file a cheque bounce case and that will be relatively faster.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

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