How to File a Case for Unpaid Borrowed Money
Yes, you can file a case against someone who has borrowed money and not paid it back yet in India. There are two main ways to do this:
File a civil suit: This is the most common way to recover money that is owed to you. A civil suit is a lawsuit that is filed in a civil court. The burden of proof is on the plaintiff, which means that you will need to prove that the defendant borrowed the money and did not repay it. If the court finds in your favor, it will enter a judgment against the defendant, which will require them to repay the money to you.
File a criminal complaint: This is a more serious option that should only be used if you believe that the defendant has committed a crime. If the defendant borrowed the money with the intention of not repaying it, then they may have committed the crime of cheating. If the defendant borrowed the money through a cheque or other negotiable instrument and then failed to repay it, then they may have committed the crime of bouncing a cheque. If the court finds the defendant guilty of a crime, they may be sentenced to imprisonment or a fine.
In addition to these two main options, there are a few other things you can do to try to collect the money that is owed to you. You can send the defendant a demand letter, which is a formal letter that asks them to repay the money. You can also try to negotiate a repayment plan with the defendant. If you are unable to collect the money on your own, you may want to consider hiring a lawyer.
Here are some of the documents you will need to file a case against someone who has borrowed money and not paid it back yet in India:
- A copy of the loan agreement, if there is one
- Any receipts or other documentation that shows that the defendant borrowed the money
- A copy of your demand letter
- A copy of any correspondence you have had with the defendant about the loan