Person not returning money lent to him. Should I approach police or a lawyer (court) first?

[Smartanil5107]

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Smartanil5107
PARTICIPANT
January 11, 2025 at 5:00 am

Hello. I lent money ( ~ 1L) to an acquaintance who said his mother was suffering from cancer and he needed money for her treatment. He said he would return it within a month. This was over 8 months ago. Now the person is not even answering my calls. I later found out that this mother had passed away from cancer much earlier, and that he had used the same pretext to borrow money from other people too. All money was transferred to him online. I have call recordings and WhatsApp texts to back up my claim.

With this, who should I approach first – police or a lawyer to file a case in court?

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[User_e99a2642]

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User_e99a2642
PARTICIPANT
January 11, 2025 at 5:12 am

I’m no lawyer but I think you can file an FIR on that person just tell him (the person you gave money to ) ” Im gonna file an fir on you ” he will start giving you money. Happened to me and it worked

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[Fierceanirudh9723]

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Fierceanirudh9723
PARTICIPANT
January 11, 2025 at 5:44 am

You can forget about the money. Next time lend what you can afford to loose. Legal recourse to recover money in India do not work. Especially if the other party is a known fraudster. Police will not entertain you unless it’s a big scam involving 100s of people or unless you bribe them good money. You can file a civil suit but that will take 15-20 years and boat loads of lawyer money.

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[User_f66c4f39]

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User_f66c4f39
PARTICIPANT
January 11, 2025 at 7:07 am

Forget it. And in future don’t lend money you can lose.

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[Ashishmaster940]

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Ashishmaster940
PARTICIPANT
January 11, 2025 at 9:01 am

Legal Notice < Summary suit

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[Brightseeker9869]

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Brightseeker9869
PARTICIPANT
January 11, 2025 at 12:48 pm

Approach police through an advocate.

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[Brightowl5321]

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Brightowl5321
PARTICIPANT
January 14, 2025 at 10:51 am

Lawyer here.

You can initiate Civil and Criminal Proceedings. This is a classic case of cheating, which is a cognizable offence. If the police is reluctant to file an FIR , I would advise you to consult a lawyer. Depending on your jurisdiction, it is possible that the lawyer will be able to arrange a phone call from the police to the person who cheated you and you’ll get your money back. You can also file a civil suit for recovery of money and also for the tort of deceit (there may be even more remedies available to you).

The relief you seek will depend on where you stay and how good the law and order situation is in that area.

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[Smartanil5107]

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Smartanil5107
OP
January 14, 2025 at 1:31 pm

Hello sir. Thanks for the reply. I live in a tier-2 city. Do you feel the evidence I have ( call recordings+whatsapp texts) would be sufficient? I don’t mind the matter taking its time in court. I’d also be ok if the other party would just come forward and enter into a legal agreement with me to repay in the next 6 months or 1 year. But the person has blocked me.

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