Recovery issue

935 votes

You write a letter by registered post acknowledgement due explaining how you did not get those notices and seek copies of those three notices so that you could either reply or comply with the notices.

Raghavendra Rao B.K. LawRato

503 votes

This is a private loan transaction between your mother and the lady. She may not be a registered money lender. In that case first ask for an amicable settlement and clear the amount arrived. Pyment to be made before witnesses and documented ( written) with signatures of all.

If the lady is not willing, instead of moving the court, lodge a complaint in the jurisdictional police against the lady on grounds of extortion seeking their help. Mostly it will be solved.

If not, move the court on grounds of extortion against her. The advocate will help you in this to speak to the lady or her lawyer and arrive at a settlement which after making payment by your mother, can be recorded in court, closing the case.
Dr Gubbi, Counselor & Advocate, Bangalore

Advocate Dr. Gubbi S Subba Rao LawRato

737 votes

As per law of contract the oral agreement is a valid contract, but it is very difficult to prove the terms and conditions in the court of law. since the promissory note is in your possession please verify the payment due date. (15 Dec 2015 or 15 Dec 2016). if due date is mentioned it is a promissory note specific and any claim made in between may be ignored since it is not a Demand promissory note. are you staying in the same address where you received the first notice or shifted to new address ? . If your intention is to honour the promissory note , you may provide the copy to the creditor informing the due date and also the present address so as to get the notices. Notices will be normally sent to the last address known to the creditor and he may resort to other means as required by law if it is not served. Though you are in possession of the promissory note , your reply evidencing the debt and also the transaction record of amount received will evidenced the debt. please furnish the documents if you need further assistance.

LawRato LawRato

651 votes

Dear Querist,
It is advisable to take 3 other notices from your neighbor and reply to those notices and specifically mention that the address that is being sent is to a wrong address which is sent with an oblique motive. In the event if she files any case be careful to take the summons from the neighbor and contest the case and bring the facts to the light of the court.
Regards,
Pratap

Advocate Pratap Kumar LawRato