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Individual
Money Recovery & Financial Disputes
A bounced cheque, an unpaid loan to a friend or business partner, an investment that quietly vanished, the money is owed, the paper is thin, and every month of delay makes recovery harder. LawCrust runs fast, evidence-first recovery, from a Section 138 cheque-bounce complaint to a summary suit, and defends those wrongly dragged into recovery and financial-fraud proceedings.
What We Handle
Scope of Work
- ▸ Cheque-bounce (Section 138 NI Act) complaints and defence, end-to-end
- ▸ Money-recovery and summary suits under Order XXXVII CPC
- ▸ Loan, friendly-loan, and hand-loan recovery with statutory demand notices
- ▸ Partnership disputes, dissolution, and settlement of accounts
- ▸ Investment, deposit, and broker/agent fraud recovery
- ▸ Recovery of unpaid invoices and business dues for professionals and proprietors
- ▸ Defence against false cheque-bounce complaints and recovery-agent harassment
- ▸ Pre-litigation legal notices that settle most matters without filing
Background
What money recovery and financial dispute work covers
Recovery in India runs on several tracks. A dishonoured cheque is prosecuted under Section 138 of the Negotiable Instruments Act 1881, a quasi-criminal complaint before a Magistrate that is time-bound at every step (a written demand within 30 days of the bank's dishonour memo, a 15-day wait, then the complaint within the next 30 days). Liquidated claims on cheques, bills, or written contracts can be pursued by summary suit under Order XXXVII of the Code of Civil Procedure 1908, where the defendant needs the court's leave to defend. Commercial claims above the statutory threshold go before the Commercial Courts under the Commercial Courts Act 2015. Partner and investment disputes are governed by the Indian Partnership Act 1932 and the underlying contract, and partnership debts or personal guarantees can also be drawn into the Insolvency and Bankruptcy Code 2016.
Who It's For
Individuals and NRIs owed money on cheques, loans, deposits, or investments; partners seeking dissolution and their rightful share; professionals and proprietors chasing unpaid dues; and anyone wrongly targeted by a false cheque-bounce complaint or aggressive recovery agents.
How It Works
A Four-Step Path to Clarity
- 01Evidence and ledger review
A review of cheques, transfers, messages, agreements, and prior notices to map the strongest track, Section 138, summary suit, or recovery/partnership action.
- 02Demand notice
A precise statutory or legal notice within 5 working days, a large share of matters settle at this stage without filing.
- 03Filing
A Section 138 complaint, an Order XXXVII summary suit, or a recovery/partnership suit, with interim protection where assets are at risk of being dissipated.
- 04Recovery or judgment
Settlement, decree, and then execution and attachment, the step that actually turns an order into recovered money.
Representative Matters
Work We Have Handled in Money Recovery & Financial Disputes
Anonymised practice descriptions. Client identities, matter values, and venues are withheld for confidentiality, per BCI guidelines.
- 01
Recovered ₹38 lakh on three dishonoured cheques via Section 138; the accused settled in full before judgment to avoid conviction.
- 02
Won a summary-suit decree under Order XXXVII for an unpaid business loan where the borrower had no leave-worthy defence.
- 03
Secured dissolution and a fair settlement of accounts for a partner squeezed out of a family firm, with an interim freeze on firm assets.
Cross-Border Matters, India Jurisdiction
Section 138 complaints, summary suits, and partnership actions are Indian-jurisdiction proceedings LawCrust runs directly. NRIs can prosecute or defend recovery matters through a registered Power of Attorney and video-conference hearings, with recovered funds remitted in line with FEMA.
In Their Words
What Clients Say About Money Recovery & Financial Disputes
"Three cheques worth ₹38 lakh bounced on me. The Section 138 strategy and a tight notice got the other side to pay in full before trial."
"From New Jersey I could not chase a borrower in India. They ran the recovery suit on a POA, got me a decree, and then executed it."
"My partner froze me out and hid the accounts. They forced disclosure and a fair settlement, with an interim freeze on assets."
Reviews shown are anonymised at the client's request, identifiers, matter values, and outcomes are withheld for confidentiality per BCI guidelines and our privilege obligations.
Common Questions
Money Recovery & Financial Disputes, Asked & Answered
Someone gave me a cheque that bounced. What is the time limit to act?
The Section 138 timeline is strict. Issue a written demand notice within 30 days of receiving the bank's dishonour memo; the drawer then has 15 days to pay; if unpaid, file the complaint within the next 30 days before the Magistrate. Missing any window can defeat the case, so move quickly and preserve the dishonour memo and notice proof.
Is a cheque-bounce case civil or criminal? Will I actually get my money back?
It is a quasi-criminal complaint, conviction can mean up to 2 years' imprisonment and/or a fine up to twice the cheque amount, and courts can order compensation. Because the accused often settles to avoid conviction, Section 138 is also one of the most effective recovery levers. A parallel civil or summary suit can be filed to secure a money decree.
I lent money with no written agreement, only a bank transfer and WhatsApp messages. Can I recover?
Yes. A formal agreement is not essential, bank transfers, WhatsApp or email admissions, and witnesses can establish the loan and its terms. The route is a legal notice followed by a money-recovery suit, or a faster summary suit if there is a cheque or written acknowledgement of the debt.
What is a summary suit and why is it faster?
Under Order XXXVII CPC, for debts on cheques, bills of exchange, or written contracts, the defendant cannot defend as of right, they must obtain the court's leave by showing a genuine triable defence. That shifts the burden and resolves clear claims far faster than an ordinary recovery suit.
My business partner will not share profits or show the accounts. What can I do?
Under the Indian Partnership Act you can demand accounts, seek dissolution, and claim your share through a suit for accounts; an interim injunction or receiver can protect assets while the matter runs. A well-drafted pre-suit notice often forces a settlement before filing.
Recovery agents are harassing me over a loan. Is that allowed?
No. RBI guidelines and court rulings prohibit coercion, threats, and harassment by recovery agents. You can issue a cease-and-desist, complain to the lender and the RBI ombudsman, and seek police or court protection; a false Section 138 or criminal complaint filed to pressure you can be quashed.
Speak With Counsel
Discuss Your Money Recovery & Financial Disputes Matter
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- ✓ India-side counsel for NRIs, available in US, UK, Gulf, APAC time zones.
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