• Can I file legal case if a person is not returning my money?

We had a flatemate, around Feb 2019 he lost his job. Since then I paid the rent with an understanding that he would pay me back
He moved out in October 2019, and in total he owes me 1, 70, 000 including rent and household expenses. I added all that on splitwise an expense sharing app
Since June 2020 I am giving him repeated reminders about setteling the expenses but he is not responding.
I have rent agreement and I paid all rent online
What should I do, can I file a legal case on him
Asked 4 years ago in Civil Law

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18 Answers

Please issue legal notice for recovery of dues from him giving two weeks time for response and recovery. 

If not received then file suit for recovery of your dues. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Was it orally agreed or any sort pf document executed ? Proof of understanding/deal. Maximum you can file suit of recovery but have to prove that he has admitted the above understanding. Send legal notice first that he dose not paid the amount within 15 days, you will file police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

1) you should issue legal notice to flat mate to pay his share of rent 

 

2) if he fail to pay sue him to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Send him a legal notice and than file a suit for money recovery against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you may file a money suit badal before you have to send legal notice to him to repay the amount and if you don't get any response then you can file money suit District court for recovery of outstanding amount interest and legal charges

 

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

- If you have payment of proof , like payment through online , cheque etc , then on that ground you can recover the amount from him.

- You should send a legal demand notice after mentioning that you have given him friendly loan , when he was not having any job , and thereby ask him to return the friendly loan amount. 

- If, no response , then file a Recovery suit on the ground of payment proof and legal notice. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Yes you can send him a legal notice claiming the whole amount with interest and also Annex the Bank Statement or any whats app msgs which you have with you where he Agrees or tells you to pay the expenses on his behalf.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Yes, there is no option but to file a suit for recovery.   Though your friend may not be in good financial condition and genuinely he has struck due to Covid2019 but in case you remain lenient, you would lose the money.   File a suit for recovery and get a decree from the court and by the time the decree shall be executed, he may be in a position to return the money.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

See you may issue him a legal notice asking him to return the amount in case he fails to do that on notice you may file summary suit before the civil court for the recovery of the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Yes you can file a suit for recovery before civil court. 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. Do you have any documentary evidence to prove his liability? If yes, you can initially serve a lawyer's notice to him to demand the sum.

2. If he does not pay up even after the service of notice on him then you can file a suit for recovery of money in the civil court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

You can file a suit for recovery against him in civil Court to recover the amount due, along with interest and compensation.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

First issue a legal demand notice to him demanding him to pay the amount he is due to you for the reasons you may mention in the legal demand notice.

After that you can file a money recovery suit against him to recover your money through civil court of law.

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

issue a legal notice through an advocate and file recovery of money suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

File a complaint for cheating . 

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

If the understanding you have with him is in writing then you can file a case if not then not at all beneficial, simple is that you can try after sending him notice of recovery of money for a recovery suit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

1. Yes you can send a legal notice to your flat mate for recovery of dues.

2. If he refuse to pay the amount or doesn't reply to your legal notice then file recovery suit against him before civil court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

A legal notice should be sent to him and if he does not respond then file a suit for recovery of money.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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