LawRato

Recovery of money lent to an Indian colleague here in Canada


03-Jul-2025 (In Recovery Law)
One of my India colleague in Canada borrowed CAD $12300 and left for India. He and his father acknowledged on WhatsApp to return money but not doing so for 7-8 months now. I have their phone numbers and passport front page only. Do not know India address. How can I recover money legally from them. Money was transferred in Canada by e deposit into his account. I live in Canada and cant travel to recover the money.
Answers (5)

Answer #1
874 votes
First of all rather than going legally you should serve them a legal notice and in that notice you can write that either pay your money or face legal action which will be at their own risk. And as far as the address is concerned it can be traced through their number. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Answer #2
714 votes
Firstly, you need to execute a special power of attorney authorising an advocate to recover the amount. Secondly, if you have a passport number available we can approach authority to track their address. Thirdly, if they have acknowledged it will be from a whatsapp number we can get the address number is registered to. To understand the plan of action it's advisable to contact me and provide details to devise a proper strategy for the recovering amount which can be through the court or by me negotiating on your behalf. Feel free to contact and provide more details to assist you better.
Helpful? LawRato LawRato
Answer #3
550 votes
In this scenerio you can register a FIR under section 420 IPC then police will start investigation. The Kerala High Court has passed a judgment 2 days ago in which it mentioned that the FIR can be registered through the means of complaint sent by e-mail in cognziable offence. Cognizable offence means serious crimes in which a police can arres the accused
Helpful? LawRato LawRato
Answer #4
631 votes
Since the money was lent in Canada through e-transfer and both your Indian colleague and his father have acknowledged the debt on WhatsApp, you have a valid legal claim. As a first step, you can file a civil suit in the relevant Canadian Small Claims Court based on this evidence. Once you obtain a court judgment in your favour, it can be used as strong evidentiary proof in India to file a fresh civil suit for recovery, since Canada is not a reciprocating territory under Indian law. Alternatively, if pursuing legal action in Canada is not feasible, you can directly file a money recovery suit in India through an advocate based on the WhatsApp admission and proof of transfer. Even if you don’t have their exact residential address, the court can allow substituted service such as newspaper publication after attempting regular service through their known phone numbers or social media. In either case, legal assistance in India will be necessary to move the case forward without requiring your physical presence.
Helpful? LawRato LawRato
Answer #5
531 votes
I can help you with this. You will need to share the details with me. First of all you will need to find the correct address in that case i will help you. Second, will send legal notice to him. Then we will proceed further. Thanks.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."