You lent money and it is not coming back
Getting back money you lent, and by when.
You helped someone: a friend, a relative, a colleague. Now they do not take your calls and will not repay. A friendly loan is still a real debt, and the law gives you clear ways to get your money back. What matters is proof, and acting quickly. The deadline usually runs from the day you gave the money, not the day it was due back.
What the law says
- A loan can be recovered 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. For a friendly loan that period usually starts on the day you handed over the money, not the day repayment was due. If they admit the debt in writing and sign it before those three years are over, a fresh three years starts from that admission. After three years the court must reject the case, even if the borrower never raises the point. So count from the day you lent the money, and do not sit on it.
- If the loan is written down — a promissory note, a signed acknowledgement, or a clear written promise to repay — you can use a faster court process. It is called a "summary suit". There, the borrower first has to convince the court that they even have a defence.
- Simply not repaying is a civil matter, not a crime. The police usually will not register an FIR. It becomes criminal only if the person took the money by cheating you, with dishonest intention from the start.
What to do
- 1
Collect your proof
Collect the transfer record, which is the bank statement or the UPI screenshot, any messages about the loan and repayment, and any note or IOU. Even a message saying "I will 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. If they reply and admit the loan, even with "will pay next month", the three years can start again. But it has to be in writing, signed by them, and it works only while the original three years is still running.
- 3
Send a legal notice
If they keep avoiding you, send a formal legal notice asking for repayment within a deadline, say 15 days. This often works by itself, and it is the expected step before you file a case.
- 4
File a recovery suit
If there is still no payment, file a civil suit to recover the money. Use a summary suit if you have a written promise, which is faster, where your court offers it. Otherwise file an ordinary recovery suit. A lawyer files and argues this.
Your rights
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
- Cost
- Court and lawyer fees
Send a legal notice asking for repayment
- How long it takes
- Give a 15-day deadline
- Where to go
- Yourself, a lawyer, or Miss Lucy Lite to write it
- Cost
- Free if you write it yourself
Use the faster summary suit
- How long it takes
- If you have a written promise or a note
- Where to go
- Civil court. Faster if the loan is in writing.
- Cost
- Court and 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 page
- Cost
- Free to send the notice
Common questions
When you need a lawyer
You can send the first legal notice yourself, and Miss Lucy Lite can write it for you. That alone often gets you paid. Bring in a lawyer to file and argue the recovery suit, especially if the amount is large or the borrower denies the loan. If they gave you a cheque that bounced, you have a faster and separate route. See the cheque bounce page.
Miss Lucy Lite can write the legal notice for youThis is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and what to do next. She is not a lawyer, and this is not legal advice. If you need a document written, such as a notice, a complaint or an application, she can write it for you as a finished document. For a court case, see a lawyer.