- This topic has 15 replies, 6 voices, and was last updated 1 year, 2 months ago by
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LHi all,
I need some advice on a serious situation. A friend of mine borrowed money from me and a few others, totaling around 10 lakh INR. In my case specifically, he used my credit card to borrow around 1 lakh INR, promising to repay before the due date. It’s been over 5 months, and he hasn’t paid a single rupee back.Now, he has completely ghosted us—not picking up calls, not replying to messages. We even reached out to his parents, and they claim he is facing health issues and cannot speak to anyone. It’s clearly a tactic to avoid repayment.
At this point, we are seriously considering legal action.
We want to know:Is it possible to file a police complaint or take legal action in such cases?
Would this count as fraud, or is it a civil financial dispute?
What is the process of filing a complaint, and what evidence should we collect?
Should we speak to a lawyer or go directly to the police station?
Any help, experience, or guidance from those who’ve been through something similar would be deeply appreciated. We just want to know the best way to recover the money and hold him accountable.
Thank you in advance.
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DHi. I’m a Delhi based lawyer! You can send him a legal notice, to begin with. If nothing turns on it, you can contemplate further legal action.
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DNo that’s not true actually. If there are bank transactions showing transfer, or payments made via cheque, you can sue him. Did it for my client and got a favourable order.
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SUmmm no. There’s no way that’s a promissory note or a loan.
Unless the other party agrees in court that it was a loan.
The counterpart here can say it was a repayment or a bill of sale for services rendered.-
DYa ya ofcourse they will contest it saying it was repayment. But if there is no promissory note, then the rest of the trial will decide the outcome.
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SYeah and that will benefit only the lawyers. Without a written contract, loans can’t be enforced if the alleged borrower doesn’t confess in court.
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DSo best to lose the money and not even try is what you’re saying may be. To each his own 🙂 I beg to differ! All good!
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APlease speak to a lawyer and explain the facts with details and documents. He will let you know what steps to take. For a case to be qualified as fraud, the ingredients have to be satisfied. Mainly the intention to cheat has to be present. If it’s simply inability to pay then it’s a civil matter. But there are various ways to tackle this situation depending on the documents.
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LAny evidence that mention it’s a loan. He might simply claim it as gift from his friends.
Don’t lend any money in future but if you do, get a post dated cheque. At least you will have something to pressurize him
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