Lent money and can't get it back? You can recover it.
You helped someone out — a friend, a relative, a colleague — and now they're dodging your calls and won't repay. A friendly loan is still a real debt, and the law gives you clear ways to get your money back. The key is proof, and acting quickly — the deadline usually runs from the day you lent the money, not the day it was due back.
Ask her about this — freeWhat the law actually says
- A loan is recoverable even without a formal agreement — a bank or UPI transfer record, a message where they admit the loan, or a simple signed note is enough to prove it.
- You have three years to take legal action, and for a friendly loan that clock usually starts the day you handed the money over — not the day repayment was due. If they admit the debt in writing and sign it before those three years are up, a fresh three years runs from that admission. After three years the court must throw the case out, even if the borrower never raises it. So count from the day you lent it, and don't sit on it.
- If the loan is on a written document — a promissory note, a signed acknowledgement, or a clear written promise to repay — you can use a faster 'summary suit' (Order XXXVII of the Civil Procedure Code), where the borrower has to first convince the court they even have a defence.
- Simply not repaying is a civil matter, not a crime — the police usually won't register an FIR. It becomes criminal only if the person took the money by cheating you, with dishonest intent from the start.
What to do
- 1
Gather your proof
Collect the transfer record — bank statement or UPI screenshot — any messages about the loan and repayment, and any note or IOU. Even a message saying 'I'll pay you back next month' is strong evidence.
- 2
Ask for it back in writing
Send a clear, dated message or email asking for repayment by a specific date. This creates a record — and if they reply admitting the loan, even a 'will pay next month', that can start the three years afresh. It has to be in writing, signed by them, and it only works while the original three years is still running.
- 3
Send a legal notice
If they keep dodging, a formal legal notice demanding repayment within a deadline — say 15 days — is the standard next step. It often works on its own, and it's the expected groundwork before you sue.
- 4
File a recovery suit
Still nothing? File a civil suit to recover the money — a summary suit if you have a written promise (faster, where your court offers it), or an ordinary recovery suit otherwise. A lawyer files and argues this.
Your rights, at a glance
Recover a loan you can prove
- How long it takes
- Within 3 years — usually from the day you lent it
- Where to go
- Civil court (after a legal notice)
- Rough cost
- Court + lawyer fees
Send a legal notice demanding repayment
- How long it takes
- Give a 15-day deadline
- Where to go
- Yourself, or a lawyer / Miss Lucy Pro to draft it
- Rough cost
- Free if you write it yourself
Use the faster summary suit
- How long it takes
- If you have a written promise or note
- Where to go
- Civil court (Order XXXVII CPC)
- Rough cost
- Court + lawyer fees
Act on a bounced cheque separately
- How long it takes
- Within 30 days of the bank memo
- Where to go
- See the cheque-bounce route
- Rough cost
- Free to send the notice
Common questions in this area
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When you need a real lawyer
You can send the first legal notice yourself — Miss Lucy Pro drafts it — and that alone often gets you paid. Bring in a lawyer to actually file and argue the recovery suit, especially if the amount is large or the borrower disputes the loan. If they gave you a cheque that bounced, you have a faster, separate route — see the cheque-bounce page.
Need the legal notice drafted? Meet Miss Lucy ProThis is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and your next step in plain English. It is in no way a replacement for proper legal advice — when your situation needs a real document or a fight in court, she'll tell you plainly that it's time to see a lawyer.