How to recover money from an absconding person

749 votes

For the purpose of recovering your money from such on non appearance of the absconding person in the on going suit for recovery, the concerned court would on 1st occasion issue summon then bailable warrant then non bailable warrants against the concerned person. On non appearance after Non bailable warrants, the court would proceed to initiate proclamation and attachment proceeding against the absconding person. then finally by way of auction of the property legally belonging to the absconding person you can recover your dues.

In your case ,first verify the fact that the property has actually been sold by way of a legal document i.e. a valid registered sale deed to the neighbours. as at time the near and dear one of the absconding person try to shield such people by making such base less claims.

as for the cheque, if you had any written agreement that in case of default on part of the absconding person, you would be at liberty to present the cheque foe settlement of your claim, then you can proceed to present the cheque, which shall in all probability bounce. on which you can initiate criminal proceeding against the absconding person.

Advocate Atif Suhrawardy LawRato

794 votes

You present your case with the evidences you have and get decreed the suit in your favour. If he appears after serving upon notice then it's fine, other wise court will go ahead ex party.
In a situation where you get suit decree in your favour your execution will start and the concerned SDM will assist the court.

Advocate Shikhar Garg LawRato

537 votes

As you said, you have already file recovery suit in rohini. Now you can encash that cheque in your bank, if that cheque will dishnoured for insufficient balance then you can also file suit under section 138 of Negotiable instrument act. And u said person is absconded, the only way for this matter is that his property whether its movable or immovable will be attached by the order of court and it also can be auctioned by court.

Advocate Laksheyender Kumar LawRato

675 votes

hi
aap ko aapke pase jarur milenge aap court mai ja sakte ho uske khilaf and agar aap court mai usnke khilaf case kar chuke hoi to aako pahle puri file dekhani hogi uske bad hi kuch bataya ja sakta hai aap hum se bhi content kar sakte ho thanks

Advocate Sandeep Kadian LawRato

950 votes

You can file suit for recovery in civil court to recover your money from that person and you can also lodge FIR against him. For all this you must know his proper residential adress. More can be suggested after checking your documents which are in your hand.

Advocate Sunny Verma LawRato

913 votes

Dear Sir,
As per the summary mentioned by you, you can file civil suit for the recovery of the balance amount, before a civil court of your area, mention the local address of that person and transaction for the purpose of jurisdiction and for fake ID proof of sim, you can file a complaint with the service provider to block the sim and for further action.
Thanks

Advocate Subhash Thakur LawRato