Complete guide to debt recovery in India covering legal notice, civil suit, summary suit under CPC, recovery tribunals, criminal remedies, and how a debt recovery lawyer can help.
📞 +91 7001486154Creditors have several legal remedies for debt recovery. Pre-litigation: issue legal notice demanding payment within specified time. Civil suit: file money recovery suit before Civil Court. Summary suit under Order 37 CPC — faster procedure for liquidated debts (cheques, bills, promissory notes).
Summary suit is for recovery of liquidated debts. Plaintiff files suit supported by affidavit. Defendant must apply for leave to defend within 10 days. If leave not granted or defence is sham, decree passed immediately. Much faster than regular suit.
Cheque bounce under Section 138 NI Act — if cheque was issued for debt. Fraud/cheating under Section 420 IPC — if debt obtained through fraud or cheating. Criminal breach of trust under Section 406 IPC — if entrusted property misappropriated.
3 years from date debt becomes due. Filing after limitation bars the suit. Acknowledgment of debt by debtor extends limitation.
Fast-track procedure under Order 37 CPC for recovery of liquidated debts. Defendant must get leave to defend within 10 days. Much quicker than regular civil suit.
Generally, mere non-payment of debt is not criminal. However, if cheque bounced (Section 138 NI Act) or debt obtained by fraud (Section 420 IPC), criminal remedies available.
Loan agreement, promissory note, cheque, bank statements, correspondence, legal notice, acknowledgment of debt, witness statements.
Contact Advocate in Asansol today for expert legal advice. With years of experience at Asansol Court, we provide reliable legal representation for all your matters.
Asansol Court, Asansol, West Bengal - 713301