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No proof of lending money to cousin can I file a recovery case?
19-Feb-2023 (In Recovery Law)
hi , In Sept 2012 I had lent a sum of Rs. 2 Lakh to my cousin without any promissory note. In 2013 Aug he had returned me a sum of 1 lakh but beyond that till date he hasn't repayed the remaining sum of 1 lakh. He presently lives in Visakhaptnam. I would like to go to a small claims court to file a complaint to start the recovery process. My questions is as follows: 1. I don't have his current address, Can I use service by publication method to issue summon ? 2. There is no proof of lending the money except bank statement , how can I proceed ? 3. If I win the case, can he be arrested ?
You may file a suit for recovery before the court. Alternate modes of service can be used as prescribed in certain jurisdictions. Service may be made at the last known address as well. Winning the civil suit does not automatically mean that criminal charges are proved. You will need to initiate criminal proceedings separately. The bank statement and your affidavit should be sufficient proof. Feel free to get in touch with the LawRato team at 9599-000-555 for further assistance.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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