What Happens If Someone Doesn't Repay a Loan in India? π°π¨
Lent money to someone, and now they’ve vanished like a magician? π©✨ Or maybe your friend owes you but keeps giving excuses? π¬π Can you take legal action? Let’s break it down! πΌπ
✅ Short Answer: You CAN Recover It Legally!
If someone refuses to repay a loan, you can:
✔️ Send a legal notice π
✔️ File a civil suit for recovery ⚖️
✔️ Take action under the NI Act (if cheque bounces) π¦
✔️ File a criminal complaint (in some cases) π¨
π₯ What Type of Loan Are We Talking About?
π Personal Loan / Friendly Loan π€
✔️ If given with a written agreement – it’s legally binding.
✔️ If given without proof – hard to enforce, but not impossible!
π Bank Loans / EMI Loans π¦
✔️ Defaulting on bank loans affects credit scores (CIBIL).
✔️ Bank can seize assets or take legal action.
π Business Loan πΌ
✔️ If a company fails to repay, lenders can claim business assets.
✔️ Directors may be personally liable (if they gave guarantees).
π Cheque Bounce Case π
✔️ Covered under Section 138 of the Negotiable Instruments Act.
✔️ Can lead to jail time up to 2 years or a heavy fine! π¨
π How to Recover Your Money Legally?
❗ 1. Start with a Legal Notice π
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Send a formal demand letter stating repayment terms.
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Many people pay up after receiving a legal notice! π
❗ 2. File a Civil Suit for Money Recovery ⚖️
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If they still ignore you, file a case under Order 37 of CPC.
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The court can order repayment with interest.
❗ 3. Use the Negotiable Instruments Act for Cheques π¦
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If they issued a cheque that bounced, file a Section 138 complaint.
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This can lead to imprisonment + a fine!
❗ 4. Criminal Action for Fraud (In Some Cases) π¨
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If the borrower lied or cheated to take the loan, file a criminal case.
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Section 420 IPC (Cheating) & Section 406 IPC (Criminal Breach of Trust) apply.
π How to Avoid Loan Troubles?
✅ Always Have a Written Loan Agreement π
✅ Use Bank Transfers (Avoid Cash) π¦
✅ Take Post-Dated Cheques for Security π
✅ Check Borrower’s Financial Stability First! π
π Moral of the Story? Lending money without an agreement is like giving your Netflix password to an ex—you’ll regret it later! ππ
π’ Need Legal Help Recovering Your Money? LEXIS AND COMPANY can assist you in drafting agreements, sending legal notices, and filing recovery cases! πΌπ
π Call Now: +91-9051112233
π Website: https://www.lexcliq.com
#LoanRecovery #ChequeBounce #LegalAdvice #DebtRecovery #IndianLaw #MoneyMatters #LegalHelp #LexisAndCompany π⚖️π
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