How Can I Legally Recover Money Lent To Someone?

Lending money, whether to a friend, a relative, or a business associate, is often based on trust. However, what happens if the borrower breaches that trust and refuses to give you your money back? Many people feel helpless in such situations. Thankfully, Indian law provides several clear and effective legal remedies. This article explains the step-by-step legal process for recovering lent money in India, along with important case laws, procedures, and practical tips.

Step-By-Step Process to Recover Lent Money Legally

Step 1: Gather Your Proof: Don’t Rely on Just Verbal Promises

I trusted him. We didn’t even sign anything. Now I have nothing in writing. This is what most lenders say when they first approach a lawyer.

If you’ve lent money, always ensure you have:

• A written loan agreement or promissory note
• Bank or UPI payment proof
• WhatsApp or SMS conversations confirming the loan
• Any emails or messages about repayment terms

Case Law: K. S. Varadarajulu vs. State of Tamil Nadu (2005): Even oral agreements can be proven using circumstantial digital evidence like chats and bank transfers.

Step 2: Send a Legal Demand Notice: Put It in Writing Before You Sue

Your first legal action should be a demand notice, typically sent by an advocate, asking the borrower to repay within 15 to 30 days. It creates an official record and shows that you’re serious.

Many cases are resolved at this stage alone.

Within two weeks of the notice, he contacted me back and paid the amount owed. Before that, he had been ignoring me for months. – A Delhi-based lender

Step 3: File a Civil Suit: If They Still Don’t Pay

A. Use a Summary Suit (Fast-Track Option)

• File a summary suit in compliance with Order 37 of the Civil Procedure Code if you have written records, such as a promissory note, cheque, or loan agreement. It’s faster and limits the borrower’s chances to delay.
• Case Law: Sunil Enterprises vs. SBI Commercial Bank (2003): The court stressed that summary suits are for clear, written debts and must be resolved speedily.

B. No Written Agreement? File a Regular Suit

• If there’s no formal contract, you can still file a regular money recovery suit under Section 26 of the CPC.
• Important: In accordance to the Limitation Act of 1963, you have three years from the date of repayment to file the lawsuit.
• Case Law: SBI vs. Mula Sahakari Sakhar Karkhana (2006): Courts strictly enforce limitation periods.

Step 4: Explore Criminal Charges: If There Was Fraud or Cheating

Section 420 IPC/Section 318 (4) BNS: Cheating

• File a police complaint as per Section 420 of the IPC/Section 318(4) of the BNS if the borrower borrowed THE money with no intention of returning it to you.
• Case Law: Hridaya Ranjan Prasad Verma vs. State of Bihar (2000): It must be established that there was malicious intent from the beginning of the transaction. 

Section 406 IPC/Section 316 (2) BNS: Breach of Trust

• Use this when money was entrusted for a specific purpose but misused. However, civil disputes should not be turned into criminal cases unless there is evidence of fraud.
• Case Law: Anil Mahajan vs. Bhor Industries (2005): Not repaying money alone isn’t a crime unless fraud is involved.

Step 5: Cheque Bounced? Use Section 138 of the NI Act

If the borrower gave you a cheque that bounced, you can file a complaint under Section 138 of the Negotiable Instruments Act, 1881.

How It Works:

• Present the check within 3 months
• If the cheque is dishonoured, you can send a demand notice within 30 days
• If it is unpaid, you must file a complaint within the next 30 days

Case Law: Dashrath Rathod vs. State of Maharashtra (2014): The city where the cheque bounced, not the one where it was issued, is where you should file the lawsuit. 

“The cheque bounce case worked better than expected. It was faster and put real pressure on him.” – Mumbai businesswoman

Step 6: Try Mediation or Lok Adalat: Save Time and Money

For smaller amounts or where relationships matter, opt for mediation or Lok Adalat.

• Mediation is available at District Legal Services Authorities
• Lok Adalat awards are legally binding and faster than regular courts

Legal Reference: Under the Legal Services Authorities Act, 1987, both options are valid for amicable settlement of civil disputes.

Step 7: Business to Business? Use MSME Samadhan Portal

If you’re an MSME and haven’t been paid by another business, file a complaint through the MSME Samadhan Portal under the MSMED Act, 2006.

You can approach the Micro and Small Enterprises Facilitation Council (MSEFC) for dispute resolution.

Case Law: SAIL vs. Jagdish Trading Co. (2011): The Delhi High Court upheld MSEFC’s power to resolve such disputes.

Step 8: Arbitration Is an Option: If You Added It in Your Agreement

You can designate an arbitrator in lieu of going to court if your agreement contains an arbitration clause.

Benefits:

• Faster
• Confidential
• The arbitrator’s award is enforceable like a court decree

Legal Base: Arbitration and Conciliation Act, 1996

Step 9: How to Prevent Such Situations in Future: From People Who’ve Been There

Here’s what experienced lenders and lawyers recommend:

• Always get it in writing, even with close friends
• Use bank transfers or UPI instead of cash
• Add interest clauses and repayment timelines
• Register large transactions or get them notarized
• Save all communication and documents

“If I had documented it better, I would’ve avoided a year-long court battle.” – A retired government officer who won his case in 2023

Conclusion

It’s frustrating when someone refuses to return your money. But you have legal rights and structured remedies under Indian law. Start with a legal notice, then choose the most suitable route: civil, criminal, cheque bounce, or arbitration. And most importantly, protect yourself through proper documentation and legal awareness from the beginning.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What is the first step I should take if someone refuses to return my money in India?

The first step is to send a legal demand notice through an advocate, asking the borrower to repay within a specified period (usually 15–30 days). This creates a legal record of your claim and may lead to out-of-court settlement.

2. Can I recover money if there is no written agreement or promissory note?

Yes, you can still recover money through a civil suit by presenting indirect evidence like bank transfers, WhatsApp messages, SMS, or emails that prove the transaction took place.

3. Is lending money without interest legal in India?

Yes, lending money without interest is legal. However, it’s important to document the loan properly, whether interest is charged or not, to ensure enforceability.