Recovery of Debts
Does anyone owe you money and not paying? Do not worry. You can now consider hiring a lawyer who is well acquainted to the procedures of courts.
If the opposite party has stopped responding or has refused the payment, you may now initiate a Recovery Suit against the opposite party. A Recovery Suit is preceded by a letter of demand from a lawyers office. If within the time mentioned in the letter of demand the settlement is not done of all the dues, you may now approach the Court!
The limitation for filing Recovery Suit is three years. Also, according to the Civil Procedure Jurisdiction, the pecuniary or monetary jurisdiction of the Courts depends on the state in which the cause of action arises. The pecuniary jurisdiction of the Court divides the Court on a vertical basis, which means that depending on the valuation of the suit filed, there are different levels of Courts with different monetary jurisdictions, and the suit will have to be instituted in the Court which has the required jurisdiction. For example, the pecuniary jurisdiction of the Courts in Delhi are as follows:
- Suits amounting upto Rs.20, 00,000/- before District Court
- Suits over and above Rs. 20,00,000/- before the High Court
The amount of pecuniary jurisdiction is different for all High Courts in India. This limit is decided by respective High Court Rules and in many states the High Court has no pecuniary jurisdiction. All civil suits go before the District Courts, and only appeals lie before the High Court. The creditor, that is the one who owes the will have to determine in which Court the claim can be filed, which in turn shall be determined in accordance with the amount claimed. If the Court finds that it has no jurisdiction to entertain the, it shall transfer the suit to the Court having jurisdiction. In order to verify the pecuniary jurisdiction of the Courts in a particular state, one must refer to the rules determining the pecuniary jurisdiction of the district courts which have original jurisdiction.
Our Experts helps in assisting you to find the right and suitable person who can professionally handle your matter and provide the resolution at the earliest.