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Need advice on debt recovery


18-Jun-2023 (In Civil Law)
One person borrowed 2lakh rupees from me & executed 2 promissory notes each one lakh and signed across one rupee revenue stamp pasted on each paper before witness.But he fails to return my money on said date.Number of times i have demanded for return my money.Now i know that debtor trying to sale his property.Can i file debt recovery suit on debtor and seeking orders from court for stoping of his house property selling.Can i also attach detors house property in court for clearing my dept.
Answers (2)

Answer #1
886 votes
You can file a suit for recovery of money due under those promissory notes. You can also file an interim application along with the suit got attachment (of debtor's property) before judgement by saying reasons. The court will consider your application and pleases for order to attachment the debtor's property till realization of your amount. Even then the debtor not turns, the gout Will sell the property and remits your money from the sale proceeds.
Note: There is a time limitation of 3 years from the date of execution of the promissory notes. You should file the case with in 3 years only.
Prior notice to the debtor is not mandatory.
Answer #2
773 votes
Dear Client,
In which year he borrowed the above said sum from you. Whether it is within 3 years from now. You must furnish the full details for giving expert advise. Whether has he filled the entire pronote or some columns left unfilled. You must approach the court immediately. Don`t delay the matter. What did you do all these days when he did not pay the amount in time. If you delay he will sell every thing and your debt will not be realized. So, engage an expert advocate who has been doing cases of civil nature and get issued a legal notice demanding him to pay the debt due under the promissory note, and file a suit immediately within one or two days and get the property attached before he sell the same. Don`t delay the matter, delay defeats the cause. If your debtor becomes penny less and then filing a civil suit thereafter will become futile, hasty effort. No money will be recovered. Take continuous expert legal assistance.

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