Loan Not Being Returned | Vkeel - Free Legal Advice

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Dallas

2016 onwards, I had made multiple small loans for the friend and his son (all in bank transfers, mostly to sons US account). In 2018, I made a major loan of $9K+ The verbal agreement was to pay me back in a couple of months. Since 2018 Jan, a major amount of $9 K has been pending, after $3K was paid 01/2020, after almost 2.5-3years. I have tried talking and asking the money back, with options(transfer in India, or pay in installments). Father always acknowledges the pending amount but comes up with fake excuses when it comes to paying. The father and son now ignore all communication with me and has blocked me since Aug 2020. 1. If I were to file a case in US small claims court, is there a way of the collection in India if there is a court order. 2. What is the likely counter cases, the father can file in court against me. 3. Can the son be made a party to the case, the amounts were transferred to his US account. 4. What kind of case in Indian courts. I live in the USA and cant travel often.

Expert's Answers(3)

Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

You have the right to file the suit for Recovery in the US itself and then get the Decree transferred to India for Execution. You will file the case against the Father and son both. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

October 5, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

you should have to file a case in USA against son with total balance given to him and his father it will be better to file case there

October 5, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

Suchismita, 1. By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court. 2. the case which father can be filed cannot be advised until going through the facts carefully, 3. Yes, the son can be made a party, 4. you can file a recovery suit in India You can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest, if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,

October 5, 2020