Question
Can I sue someone for not returning 2 lakhs that I lent him, using a check as proof of the loan even if it is not stamped?
Answer
Recovering money from someone who refuses to pay can be frustrating, but there are legal avenues available to you in Bangladesh. Here’s how you can proceed:
- Validity of the Check:
- A check serves as evidence of a financial transaction. Although it does not have a stamp, it can still be used in legal proceedings as proof of the debt.
- The key is to demonstrate that the check is connected to the transaction in question.
- Negotiating Payment:
- Before pursuing legal action, consider contacting the borrower to discuss repayment options. Sometimes, open communication can lead to a resolution without legal proceedings.
- Send a Legal Notice:
- If the borrower remains uncooperative, send a formal demand letter (legal notice). This notice should include:
- The amount owed (2 lakhs).
- Details of the transaction and mention of the check.
- A deadline for repayment, typically within 7 to 14 days.
- State that failure to pay may result in legal action.
- If the borrower remains uncooperative, send a formal demand letter (legal notice). This notice should include:
- Filing a Suit:
- If the borrower does not respond to the legal notice, you may file a case in the appropriate civil court. Steps include:
- Gather evidence such as the check, bank statements, and any correspondence related to the loan.
- File a summary suit under Section 93 of the Negotiable Instruments Act, 1881, which allows you to sue based on a check that has been dishonored (though in your case, the check might not be dishonored yet).
- Provide the court with evidence supporting your claim, including the loan details.
- If the borrower does not respond to the legal notice, you may file a case in the appropriate civil court. Steps include:
- Legal Representation:
- Hiring a lawyer who specializes in financial disputes can help guide you through the legal process. They can assist in drafting documents, representing you in court, and negotiating on your behalf.
- Potential Outcomes:
- If successful, the court may order the borrower to repay the amount owed along with any applicable interest and legal costs.