Question
About five years ago today, in the absence of my father, the responsibility of the family business suddenly fell into my hands. Due to my young age, I did financial transactions with two people without realizing it at that time. I gave it as a loan not only because they were in danger but for any business purpose. At the time of taking the money, they said they would pay within 1 month. Since the relationship was good, I did not produce any documents to prove the money transaction. Currently, one of them is in the United Arab Emirates with his wife. Note that his village house and my village house are in the same area. The other person’s house is in the area next to my village. But whenever I go to his house, I don’t know how he runs away after getting the news, and I can’t meet him face to face.
- I got about one and a half lakh and three lakh rupees from both of them.
- Evidence includes call records, WhatsApp audio, and messaging on phone dues of both and confessional video clips.
- Family-wise, we had a good relationship with both of them, so no legal action has been taken till now. But many times, I went to their houses and talked to their families, each time they assured me that they will give it within a few days.
Now I need the money very much for business work, but the first person has blocked my mobile number on all social media, and the second person has called me 1000 times but does not answer, even if I go to his house and cannot find him. In such a situation, how can I get my money back? Please advise me. I will be grateful to you.
Answer
To recover your money in this situation, follow these steps:
- Send a Legal Notice: The first step is to send a legal notice to both individuals demanding repayment of the money. Even though you don’t have a formal document, the evidence you have (call records, WhatsApp messages, audio recordings, and confessional videos) can support your claim. The notice should include the amount owed, a demand for repayment within a certain period, and the legal consequences if they fail to pay.
- File a Civil Suit: If the legal notice doesn’t lead to repayment, you can file a civil case for the recovery of the money. The evidence you have will be helpful in court. Since you don’t have a formal loan agreement, your evidence, such as the recordings and message exchanges, can serve as strong support for your claim.
- File a Complaint for Fraud or Cheating: If you can prove that the individuals intentionally deceived you (e.g., by promising to repay and then avoiding contact), you can file a criminal complaint under Section 420 of the Bangladesh Penal Code for cheating and dishonestly inducing delivery of property.
- Hire a Lawyer: Since the situation involves various legal complexities, it is highly advisable to hire a lawyer who can help you draft and send the legal notice, file the necessary cases, and guide you through the entire legal process.
- Pursue the UAE Debtor Through Legal Channels: For the person in the UAE, you may need to consult with a lawyer familiar with international debt recovery. They may be able to assist in recovering money through legal procedures available between Bangladesh and the UAE.