Helping each other has been part of human behavior. Be it physical help, mental help, or financial help. When the bank helps with the money i.e. gives a loan, then the credit score matters, or gold or any property has to be mortgaged as a guarantee. Similarly, many people give money by mortgaging documents related to land or house.
But people cannot do this with everyone. Especially friends, relatives, acquaintances, etc. are given loans only on trust. At the same time, the loan is given on stamp paper and in many cases only by getting the signature done on plain paper. But this trust is broken when the borrower refuses to return the borrowed amount.
Now the question is that if someone borrows money from you by signing a plain paper and then refuses to return it, is there any remedy? Experts tell that there is absolutely a solution. But if things don't work out, you may have to fight a legal battle for this. There can also be trouble in recovering the money.
Will a sign on plain paper also be considered as evidence?
In this case, the advocate of Delhi Tis Hazari Court said that whether it is plain paper or stamp paper… if you have got the borrower's signature on it, you are thinking that you will get your money very easily…. And if you do not get it, you will recover it legally, so it is not that easy. You may face problems in recovering the money.
Although you have made proof by getting a signature from your borrower, it means that there has been a written agreement between both of you i.e. the borrower and the debtor and it is in a way a receipt of the money given by you.
The case will have to be done in civil court!
Despite the written agreement, if your borrower refuses to accept this agreement, then you can file a case against him in the civil court or will file a petition to accept that loan agreement, or based on that you will get your money. Will file a recovery case. The new proceedings are called civil or civil proceedings.
Only civil cases are registered in the Civil Court and then long dates may also be required for the case hearing. It depends on the court how many days to pronounce the verdict in your case. If the decision comes in your favor, your borrower will have to return your money. However, he does not get jail or any major punishment for this.
If the loan was given without reading or writing, then…
Many people give loans to the person in front of them, relying on the words of someone close to them. Means, understand that you did not even sign on plain paper and gave the loan without reading and writing and now he is not returning the money, then what to do?
In this situation, you can present 2 witnesses who were present there at the time of giving the loan. You will go to your nearest police station i.e. police station and apply that the borrower is not returning the money despite taking the loan in front of them. If there is no agreement, then the matter will become criminal.
The criminal case in a police station or complaint case in court.
Advocate Shubham Bharti says that considering your report in the police station, the police can register a case of cheating or fraud, and then like a criminal case, investigation, charge sheet, and then the case will go on in the court and then the verdict will be pronounced. If you want, you can also file a complaint case directly in the court.
How to get money back?
In this criminal case going on in the court, the borrower can be arrested and if the crime is proved in the court, then he will also be punished. If the court gives a verdict in your favor, then your money will also be returned and he will also be punished. However, even before the decision comes, due to the fear of going to jail in the mind of the borrower, he can think of returning your money.
