DEBT RECOVERY LAWYER
Legalmax law firm is a professional legal service provider export in debt recovery laws. Our team of debt recovery lawyers specialized in default payment issues and practice fair debt collection.
Our best recovery debt recovery lawyers use following methods to recover debts:-
I. Cheque bounce cases:
In India Negotiable Instrument Act is prevalent and it is a criminal law. Therefore, Metropolitan Magistrate or Judicial Magistrate Ist Class will try these types of cases. As cheque bounce comes under criminal law offences; hence, our cheque bounce lawyers are skilled and competent to materialize the recovery of the debt through Negotiable Instrument Act procedure. Our law firm expedites the recovery process so that debt can be realized within reasonable time.
a. Who can file cheque bounce cases?
If any person or a company is aggrieved can file case before appropriate court. There must be transaction involved through the cheque in order to discharge debt liabilities.
b. Essential of cheque bounce cases
i. Cheque bounce cases must be filed within three months from the date of bouncing.
ii. After getting a return memo from the concerned Bank you must consult cheque bounce lawyer in order to send the legal notice to defaulter within 30 days of receiving the cheque return memo of the bank.
iii. After a lapse of 30 days of notice period, you can approach to cheque bounce lawyer for filing cheque bounce case as per section 138 of Negotiable Instrument Act.
2. SUMMARY SUIT (SUIT UNDER ORDER 37 OF CPC)
Summary suit is a procedure to which debt can be recovered effectively and in speedy manner. In case aggrieved or lender not followed the set prescribed procedure as per Negotiable Instrument Act i.e. not able to file cheque bounce case within three months then they can file the same case under this provision. We would like to make crystal clear that this is the unique provision, aggrieved party can file case without going for cheque bounce cases under Negotiable Instrument Act or can file this provision simultaneously along with cheque bounce case.
a. Silent feature of order 37 of CPC
i. Speedy recovery of debt
ii. Speedy trial
iii. Ideal for commercial transaction
iv. Defendant has to file leave to defend within 10 days of receiving summons from the Court.
Our debt recovery lawyers can file suit under order 37 of CPC so that we can recover your debt easily.
3. RECOVERY SUIT
This suit is also called ordinary suit. This suit is less preferable because it takes longer time compared to summary suit. Because in ordinary suit has to follow all the procedure as per CPC such as filing the suit, after that waiting for the reply(written statement), thereafter filing rejoinder, then framing of the issues, after that filing evidences and then cross examination by plaintiff and defendant and so on and so forth. Because of this very character the whole proceeding becomes time taking and lengthy.We try out all options for recovery before coming to this alternative.
4. DEBT RECOVERY TRIBUNAL OR DEBT APPELLATE TRIBUNAL
DRT is created to facilitate speedy recovery of debt due to banks and other financial institutions by their clients. This tribunal has power to settle the cases related to unpaid amount, loans and NPSs declared by the banks. In 2002, SARFAESI Act came into operation and thereafter the role of DRT and DART became more relevant and appropriate.
Our law firm provides you the best DRT lawyers who are professionals and experts in this concerned field.
We are catering to banks, financial institution, NBFCs, corporate houses and individual as well. We provide customized legal solutions as per client’s needs.