Recovery of money without any paper evidence

739 votes

Yes you can recover your money. No other paper is required , cheque is a good evidence, you can claim your money by both civil or criminal way, you can send him a legal notice or can directly approach to court.For more condult your advocate.

Advocate Ashutosh Mishra LawRato

512 votes

IF YOU PAID THE Money by cheque then you have proof that you have paid the said amount to your relative and if you want your money back you can file a recovery suit against your relative after paying the court fee.

Advocate Dharmendra Singh LawRato

701 votes

If the money has been paid by cheque, you have a case that is on a much better footing that if it were a cash transaction. Notwithstanding the fact that there are no other documents, a contract can be created without reducing it into writing.

You have two courses of action going forward:

(a) File a criminal complaint with the police for cheating and then approach the magistrate under section 156(3) of the Code of Criminal Procedure, 1973 to direct investigation and registration of a FIR. This can work better than a remedy under civil law as there is considerable pressure mounted under a criminal case.

(b) File a civil suit praying for certain reliefs such as recovery of money or a stay order on the property. This may, however, take some time to be decided.

Feel free to get in touch would you need any further assistance.

LawRato LawRato

199 votes

Recovering money without paper evidence can be challenging, but it is not impossible. Here are some steps you can consider if you are facing such a situation:

1. Communication: Start by communicating with the person who owes you money. Often, misunderstandings or disputes can be resolved through open and honest communication. Ask for repayment and provide them with a reasonable timeframe.
2. Written Agreement: If there was no formal written agreement, try to establish the terms of the loan or transaction through emails, text messages, or any written communication you may have had with the borrower. These can serve as informal evidence.
3. Witnesses: If there were any witnesses present when the loan was made or when the money was borrowed, their testimony can be valuable in establishing the transaction's details.
4. Bank Records: Check your bank records for any transactions related to the loan. Withdrawals or transfers to the borrower's account can serve as evidence of the transaction.
5. Legal Notice: Consider sending a legal notice to the borrower, demanding repayment. A legal notice can often prompt the borrower to take the matter seriously and may lead to negotiation for repayment.
6. Mediation: If communication and legal notice do not yield results, you may explore mediation services. A professional mediator can help facilitate a resolution between you and the borrower.
7. Consult a Lawyer: Consult with a lawyer who specializes in debt recovery. They can assess your case, advise you on the legal options available, and guide you through the process.
8. Preserve Evidence: Ensure that you preserve any existing evidence, even if it is not in written form. This includes text messages, call records, and other relevant communication.
9. Statute of Limitations: Be aware of the statute of limitations for debt recovery in your jurisdiction. If too much time has passed, you may lose the legal right to recover the debt.

In summary, while recovering money without paper evidence can be challenging, there are steps you can take to strengthen your case. Effective communication, written agreements (if possible), and the assistance of legal professionals can all be valuable in your pursuit of recovering the money owed to you.

Advocate Chikirsha Mohanty LawRato