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How Can I Send Legal Notice For Money Recovery?

  • Writer: Lead India
    Lead India
  • Jul 29, 2023
  • 3 min read

The act of recovering money serves as a form of restoration for the individual who must pay back his obligation as a result of the default. There are a variety of circumstances in which serving notice or bringing legal action is required. For instance, if a tenant doesn't pay the rent to the landowner despite being given enough time to do so, a significant sum results that the landlord is entitled to obtain. When an employee steals money, a domestic investigation will be opened, and a show cause letter will be sent to the employee's home address.



A formal written communication known as a legal notice is delivered to the opposing party by one side warning them that legal action will be taken if the conflict cannot be settled peacefully. A legal notice, when used in the context of money recovery, acts as a warning to the defaulting party to satisfy their financial commitments within a certain timeframe or the offended party will file a lawsuit.

When Should I Send a Legal Notice for recovery of money?

  • The party in default has ignored many requests for repayment of a loan or obligation.

  • A financial transaction-related contract or agreement has been broken.

  • At the cost of the party who was wronged, the defaulting party unfairly profited themselves.

Application of Court Notice for Money Recovery

A legal notice for money recovery may be utilised in a number of circumstances, including:

  • Recovering overdue debts or loans.

  • Recovering from employers any unpaid fees.

  • Rent arrears must be recovered from renters.

  • Getting back the money that distributors or dealers owe.

  • Getting back the money you lent to friends or family.

Legal Notice for Money Recovery Contents

The following information should be included in a legal notification for money recovery:

  • The senders and recipient's names and addresses (the aggrieved and defaulting parties, respectively).

  • A thorough explanation of the events and conditions that gave rise to the disagreement.

  • The precise amount owing in money.

  • A crystal-clear demand that the money be returned within a certain time range.

  • A threat that if the demand is not satisfied, legal action would be initiated.

  • Citation of any applicable statutes, agreements, or contracts.

  • The sender's signature or that of their authorised representative.

Statutory requirements for filing a case against the defaulter code of civil procedure:

  • Order 37 of the CPC, 1908, which is the "go-to" method for money recovery, requests that a borrower file a summary lawsuit. The defendant has ten days following the filing of the lawsuit to appear in court; otherwise, the honourable court will presume that the plaintiff's asserted claims are accurate and legal, and will award compensation.

  • The Negotiable Instruments Act of 1881 is primarily concerned with situations when an employer's cheque has bounced once and you are attempting to collect payment from them. Because drawing a cheque that will bounce indicates that the drawer had no intention of making a payment, section 138 of the Act punishes the drawer and subjects him or her to both criminal and civil punishment.

  • Indian Penal Code, 1860: The Indian Penal Code, 1860 provides a number of clauses that offer remedies to those whose money has been late for one reason or another and is penalised by law. You must get in touch with Vakil. Tech for specific and definite advice and measures if you want to advance under this statute.

  • The 2016 Insolvency and Bankruptcy Code (IBC) and Vakil can be used to bring proceedings or lawsuits for money recovery. A technology where defaulters are rigorously tested within a short period of time less than a year.

  • Indian Contract Act, 1872: Section 73 of the Act may be taken into account for its requirements for supplying loss damages for the breach of contract if any person defrauds or makes false representations or an indemnifier is unable to carry forward the contract for a potential insolvency from their end.

Any legal notice may be delivered in person, sent through registered mail with acknowledgement of receipt, speed mail; a courier service authorised by the state's high court, or sent via fax or email with the permission of the high court. Legal notice by advocate can also be send.

Lead India offers information, legal services, and free legal advice online to solve the issue. Talk to a lawyer and ask a legal question will provide the finest counsel in this situation.


Call Us: +91–8800788535

Email: care@leadindia.law


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