Issue them legal notice to relay the money advanced as loan
2) if they refuse file suit to recover your money with interest
3) suit has to be filed within period of 3 years otherwise would be barred by limitation
During Covid, I have supported a family member by giving them money in the last 3 years. They promised to return the money, but now they're refusing to return my money. I sent the money from the USA to India using xoom.com and have the transaction receipts. However, there were no written contracts or legal obligations. It was only verbal over the phone. Can I get my money back? I am a US citizen and If I have to take legal action what should I do? Can I send them a demand letter or notice? Do I need to hire a lawyer in India to initiate the processing? How much will it cost me to start the legal proceedings in India? Do I have to come to India?
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Issue them legal notice to relay the money advanced as loan
2) if they refuse file suit to recover your money with interest
3) suit has to be filed within period of 3 years otherwise would be barred by limitation
Should I hire a lawyer to file legal notice?
Since the limitation for recovery of money is only three years from the date of lending, you may first issue a legal notice demanding the return of the amount borrowed by him.
Let him acknowledge the loan, which will enable a fresh limitation.
After that you can file a suit for recovery of money on that basis.
You may give power of attorney deed to any close relatives in India to conduct the case on your behalf.
The court fee and lawyer fee may be enquired from the lawyer you may engage.
Yes you need to send a legal notice from india and file a case in india you can appoint a lawyer in india
1. As you have rightly suggested send a legal notice to the family which has borrowed money from you indicating the total amount, which is due to you.
2. If there's no positive response for the legal notice, file a recovery suit in the jurisdictional Court.
3. There's no need for you to come to India.
4. You have to hire a Lawyer to send the legal notice.
Better send legal notice through an advocate.
How much money you have lend ?
And relative city ?
You can give Power of Attorney to initiate legal proceeding in India. No need to come to India.
1. written contract is not needed. even verbal contract can be proved by leading evidence to that effect at the time of trial
2. you will have to file a money recovery suit
3. the suit has to be filed in Indian where the defendant resides
4. you can begin by issuing a legal notice first and wait for their reply, if any
5. you will have to hire a lawyer
6. the suit can be pursued by through a POA given to a trusted person you know in India. It CANNOT be given to any lawyer who would be instituting the suit on your behalf
- Since, you have paid the said amount as loan , and also having proof of the payment , then legally you an recover the amount from him.
- You an send a legal demand notice through a lawyer
- Further, if no response, then you can file a recover case in India after giving POA to any relative or nearest one for engaging and appearing before the court on your behalf.
- The cost depend upon the lawyer to whom you engaged .
Dear client,
If you have sent money to India and have transaction receipts as proof of the transfer, you may be able to initiate legal action to recover your money. However, the legal process can be complex and costly, and it is advisable to consult with a lawyer to explore your options.
You can start by sending a demand letter or notice to the family member, stating your claim and requesting repayment of the money. If they fail to respond or refuse to repay, you may consider filing a lawsuit in India.
To initiate legal proceedings in India, you may need to hire a lawyer who can file a civil suit on your behalf. The cost of hiring a lawyer may vary depending on the complexity of the case and the lawyer's experience and fees. You may also need to pay court fees and other expenses related to the legal proceedings.
It may not be necessary for you to travel to India to pursue legal action. Your lawyer can represent you in court and handle the legal proceedings on your behalf.
However, it is important to note that the outcome of a legal case can be unpredictable, and there is no guarantee that you will be able to recover your money. Therefore, it is important to carefully consider the costs and potential risks before pursuing legal action.