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How to Recover Loaned Money When the Debtor is Missing”

Question

My father lent 3 lakhs to a friend for business in 2017. The friend promised to repay but hasn’t and is now absconding. We have all the proof of payment. Can we take legal action to recover the money in Bangladesh?


Answer

Yes, your family can take legal steps to recover the money. Here are the steps you should follow:

  1. File a General Diary (GD):
    Visit your local police station and file a GD. Provide details of the loan, the debtor’s identity, and the absconding status.
  2. Send a Legal Notice:
    Engage a lawyer to send a formal legal notice to the debtor’s last known address. Demand repayment within a specific timeframe (7–15 days).
  3. File a Civil Case for Recovery:
    If the debtor does not respond, file a money recovery case in the appropriate civil court. Submit all evidence, such as payment proofs, contracts, or written agreements, to strengthen your case.
  4. File a Criminal Case:
    If you suspect fraud or dishonesty, file a criminal complaint under Section 420 of the Penal Code, 1860. This law addresses cheating and dishonestly inducing delivery of property.
  5. Request Court Action on Assets:
    If the court identifies any property owned by the debtor, you can request an attachment order. This will allow the property to be sold to recover the owed amount.