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How to recover dues when person who is served notice absconds?
26-Aug-2023 (In Recovery Law)
My lawyer has sent notice to concern person to settlement of dues within 15 days but we have not received any reply from him and 15 days period expired now. We are going to appeal in court but my question here is if he absconded and doesn't have any property on his name so is there any chance he'll get arrested or declare wanted? will my money recovered? and if he absconded then who much time to get settle or I need to quit the procedure means if there is no chance.
Dear Client,
You have issued notice- no reply from opposite party. Now you have two options either to ignoreeverything or to initiate legal proceedings.
Considering this to be a claim for due money, you would be filing recovery proceedings. If the opposite party is absconding and doesnot have anything on his name then, recovery would be difficult. Its your duty to provide details of opposite party to Court. So if you cant then less chances of getting recovery. If you innitiate proceeding under criminal law, sec 420 of IPC, you may be able to get warrant issued against the name of opposite party.
So take the call after considering all the circumstances.
Expert Jurist LLP
You have issued notice- no reply from opposite party. Now you have two options either to ignoreeverything or to initiate legal proceedings.
Considering this to be a claim for due money, you would be filing recovery proceedings. If the opposite party is absconding and doesnot have anything on his name then, recovery would be difficult. Its your duty to provide details of opposite party to Court. So if you cant then less chances of getting recovery. If you innitiate proceeding under criminal law, sec 420 of IPC, you may be able to get warrant issued against the name of opposite party.
So take the call after considering all the circumstances.
Expert Jurist LLP
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Adv. JV Bhosale
Mumbai | 400+ Answers
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Very good question. Before filing a case or suit make sure he is traceable at least he has a rented house or a place where he regularly visits. Also track down his assets and liabilities. He can be arrested subject to conditions imposed by the court. It's better to evaluate for yourself the amount in question vs the time, money, energy , appearances of court, court fees, Lawyers charges etc.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Dear Querist
You need to first file the suit obtain decree (by proving legitimate claim). You need to have the address of your debtor so that process issued can be effected.
It is only after obtaining decree you will get rights to execute decree and one of the measures to recovery money would be arrest and detention
You need to first file the suit obtain decree (by proving legitimate claim). You need to have the address of your debtor so that process issued can be effected.
It is only after obtaining decree you will get rights to execute decree and one of the measures to recovery money would be arrest and detention
Helpful?
10+
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Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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