Every individual has the right to recover money and damages, under civil law. When the person obtained that money or property by violating one or more laws.
There are several cases when a person refuses to pay your money dues. Or refuses to pay for the loss that the victim has faced due to his unlawful conduct.
There are many provisions in the law to recover money or damages if you ready to battle it out.
You can recover money or damages by filing a case under the below sections of the law.
- Section 37 of the civil procedure code(CPC) covers summary suits.
- Section 406 covers the criminal breach of trust under the India Penal Code (IPC).
- Section 417 tackles cheating under India Penal Code (IPC).
- Section 420 covers punishment for cheating including the delivery of property under the IPC.
- Section 426 covers punishment for mischief under IPC.
Civil Proceedings for recovery of money or damages
The first step is to recover money or damage under the order 37 of the CPC which allows a creditor to file a summary suit. Once a summary suit is an initiate and the summons has issued, the defendant has 10 days to make an appearance. The case will be in the court if you win the case the judge will award you money damages. If in some situations the defendant has made an appearance. And the court convinces with his defense, in this situation the case will be in question. The summary procedure applies to all suits for the recovery of money that arise from written agreements signed by both parties. This could be promissory notes, bills of exchange or cheques, so long as the plaintiff seeks to recover the specific debt.
Another option for the recovery of money is the negotiable instrumental act of 1881. Which only deals with the recovery of money arising from instruments such as bills of exchange or cheques. The Act contains several sections, each outlining the procedure for recovering money under a specific instrument.
Criminal proceedings
You may initiate legal proceedings against the defaulter under the India Penal Code (IPC) 1860. You may file a criminal case of cheating or mischief under the section of IPC.
Behind the court settlement
One of the easiest and economical ways of recover money or damages is to behind the court settlement, such as arbitration or conciliation, if the other party is also willing to settle in this manner. In this case, the arbitrator hears both the party and a conclusion to passing award binding to both.
Also in some situations, the debtor or defendant refuses to follow the court order or cannot afford to pay the amount of the judgment.
If this situation happens you may ready to take further steps to recover your debt.
- When you hold a judgment against an individual, you can adorn his or her wages to collect your judgment.
- To enhance wages, you generally must schedule a hearing with the court and prove that the debtor or defendant owes you money and has failed to make payments.
- If an individual or business debts are greater than its assets you may find it quite difficult to collect a judgment.
- You may also adorn the bank account of an individual or business debtor.
- If you hold a judgment against a company, you may be able to get the officer to seize the money
- The company also have other equipment that also is seizable
- To avoid further legal proceedings, only law enforcement or other authorized persons should seize the defendant’s property.
