What should I do if someone I lent money to refuses to pay me back?

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Question

Q: What should I do if someone I lent money to refuses to pay me back?

Answer

A:

If someone refuses to repay a personal loan or borrowed money, you do have legal rights—but the approach you take matters. Follow these steps:


 1. Start with a Polite Reminder

  • Sometimes, people forget or face genuine financial issues.

  • Politely remind them via phone, message, or email.

  • Keep all communication records.


 2. Send a Formal Legal Notice

  • If they still don’t respond, send a legal notice through an advocate.

  • This formal letter demands repayment within a specific time (usually 15–30 days).

  • It also serves as legal proof that you made a repayment request.


 3. Use Evidence

Prepare these documents:

  • Bank transfer proof or signed receipts

  • Any written or WhatsApp agreement or messages

  • Loan agreement (if made), interest terms, etc.

  • Witnesses, if any, to the lending or promise to repay


 4. File a Civil Recovery Suit

  • If they don’t respond even after the legal notice, you can file a money recovery suit in a civil court.

  • For amounts below ₹10 lakh, this can be done in a District or Small Causes Court.

  • For higher amounts, approach a higher court with proper documentation.


 5. Consider Criminal Action (If Cheating Is Involved)

  • If the borrower took the money fraudulently or had no intention to repay, you can also file a criminal complaint under Section 420 IPC for cheating.

  • This depends on the evidence and intent.


 6. Mediation or Lok Adalat (Optional)

  • You can also settle the matter through mediation or Lok Adalat, which saves time and cost.


 Important:

  • Don’t threaten or harass the borrower; that can be used against you.

  • Always approach through legal and ethical means.


Need Expert Legal Help?

  Call: +91 9625961599
  Visit: www.legals365.com

Advocate B.K. Singh and the legal team specialize in money recovery cases and can guide you at every step.

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By Advocate BK Singh

(Delhi High Court)

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