How to Recover Money from an Ex-Partner Who Refuses to Repay in India

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Priya Verma, a working professional from Nagpur, had lent approximately Rs. 70,000 to her then-boyfriend over the course of several months in early 2024. The money was transferred partly through Paytm and partly in cash, with a clear verbal understanding that it would be returned. When the relationship ended around late February 2025, the repayments stopped entirely.

Every time Priya followed up, she got the same excuse — "next week, next month." And when she called more frequently, he became openly threatening, telling her he'd simply refuse to pay if she kept contacting him. She was distressed and financially stretched. A friend had already tried drafting an informal demand letter on her behalf, but it was ignored.

Priya eventually reached out to Advocate Sudhir Rao's office in mid-March 2025. What changed immediately was the structured approach. A formal legal notice was issued under the Indian Contract Act, 1872, setting a clear repayment deadline. When the other party dismissed even that, a money recovery suit was filed before the appropriate civil court in Nagpur. The matter was handled with a clear evidentiary strategy, including documentation of all digital transactions. The earlier informal attempts hadn't moved the needle at all. But once the matter was presented through a specialist civil recovery framework, the other party came to the table quickly — and a settlement was reached before full trial.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Send a formal legal notice first: Before filing any suit, a properly drafted legal notice gives the other party one final chance to repay and puts them on formal legal record. Courts generally expect this step to have been taken. It also establishes your intent clearly and can sometimes resolve the matter without further litigation.

Preserve all transaction records immediately: Screenshot every Paytm, UPI, or bank transfer you made. Save all WhatsApp chats, call records, and any written acknowledgment of the debt. Don't wait — digital records can be deleted. These will form the backbone of your case.

Now, before you act, here's something worth keeping in mind. Money recovery matters of this type involve specific procedural steps under civil law that a general practitioner may not be fully familiar with — from structuring the plaint correctly to managing attachment proceedings. Engaging an advocate who regularly handles civil money recovery matters typically produces faster, better-organised outcomes.

Applicable Sections of Law

This is a civil matter governed primarily by the following statutory provisions:

• Section 2(h) and Section 10, Indian Contract Act, 1872: Define a valid contract and enforce agreements where one party has lent money with a promise of repayment.
• Section 37, Indian Contract Act, 1872: Requires parties to perform their respective obligations — including the obligation to repay a loan.
• Order IV and Order VII, Code of Civil Procedure, 1908 (CPC): Govern the filing of a civil plaint and the requirements for institution of a money recovery suit.
• Order XXXVII, CPC (Summary Suit): Allows expedited recovery for liquidated debts — highly relevant here since the amount owed is specific and ascertainable.

Jurisdiction — Where to File the Case

For a civil money recovery suit involving Rs. 70,000, the matter would ordinarily fall within the pecuniary jurisdiction of the Civil Judge (Junior Division) or a competent Magistrate court designated for civil suits in your district. Territorial jurisdiction is determined by where the defendant resides or where the cause of action arose — typically where the money was lent or where the agreement was made.

Getting jurisdiction right is critical. Filing in the wrong court results in rejection of the plaint and lost time. A civil advocate familiar with local court structures can advise on the correct forum immediately. For amounts under Rs. 1 lakh, small causes courts (where available) may offer faster disposal.

Limitation Period

Under Article 18 of the Limitation Act, 1963, a suit for money lent must ordinarily be filed within three years from the date the loan became due and payable. If no specific repayment date was agreed upon, limitation typically runs from the date of demand for repayment.

Missing the limitation window is fatal to your case. The suit becomes time-barred and the court can't grant relief regardless of the merits. Condonation of delay under Section 5 of the Limitation Act applies only in limited circumstances and is not available for civil suits for money recovery under Article 18. Act promptly. Don't let time work against you.

Interim Reliefs Available

Even before the full trial concludes, a civil court can grant interim protection. The most relevant relief here is attachment before judgment under Order 38 Rule 5, CPC — where the court can direct attachment of the defendant's property or bank account if there is reason to believe the defendant may dispose of assets to defeat the decree.

And here's the thing: a court can also issue a status quo order preventing transfer of known assets. These interim steps matter enormously. They prevent the other party from conveniently becoming "judgment-proof" by the time your case is decided. An application under Order 38 Rule 5 must be filed with affidavit evidence showing the real risk of asset dissipation.

If You Are the Victim

• Do not engage in further verbal arguments with the other party — keep all future communication in writing, preferably over WhatsApp or email, so there is a documented trail.
• Compile every proof of transfer: UPI screenshots, bank statements, Paytm transaction history, and any message where the other party acknowledged the debt.
• Issue a formal legal notice through an advocate, giving the other party a clear 15 to 30-day window to repay before litigation begins.
• File the civil suit promptly. As held in Kailash v. Nanhku, (2005) 4 SCC 480, courts expect parties to act diligently and without unnecessary delay in civil proceedings.
• If threatened or harassed during the recovery process, preserve evidence of such threats — they may give rise to a separate complaint under Section 351 of the Bharatiya Nyaya Sanhita, 2023.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card of the complainant (identity proof)
• Bank statements showing all transfers made to the other party
• Screenshots of Paytm, GPay, PhonePe, or any UPI transaction records
• WhatsApp chat history or SMS threads where the debt is acknowledged
• Call recordings, if lawfully made, where repayment was promised
• Any written note, IOU, or informal agreement signed by the other party
• Copies of the legal notice sent and the postal acknowledgment receipt
• If cash was given, any witness who was present at the time of the transaction

What Evidence Is Required?

• Primary evidence of transfer: Bank passbook entries or official bank statements showing outward transfers with the recipient's name and account number.
• Digital transaction proof: UPI or Paytm transaction IDs, which can be verified from the payment platform's records and constitute electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• Acknowledgment of debt: Any WhatsApp message, email, or text in which the other party admits to owing money or promises repayment — even informally phrased messages carry evidential weight.
• Witness testimony: Anyone who was present when cash was handed over or heard the repayment promise.
• Legal notice and delivery proof: Shows the court that formal demand was made and ignored.
• Affidavit in support of plaint: Filed by the plaintiff verifying all material facts stated in the suit.

How Courts Typically Approach Such Cases

Civil courts treat money recovery suits as straightforward contractual disputes, provided there's clear documentary or digital evidence. Where the debt is admitted — even informally in a chat — courts tend to decide such matters relatively quickly, especially under Order XXXVII CPC (Summary Procedure). Frankly, courts look for consistency between the plaint, evidence, and relief claimed. Any mismatch weakens credibility. Judges scrutinise digital transaction records carefully and generally accept them if properly certified. Where the defendant denies the debt and no written agreement exists, witness testimony and surrounding circumstantial evidence become vital to proving the case.

Timeline of Legal Process

• Week 1-2: Consultation with advocate; collection and organisation of all evidence and documents.
• Week 2-3: Drafting and dispatch of formal legal notice to the other party (15-30 day response window).
• Month 1-2: If no response or repayment, filing of civil plaint (possibly under Order XXXVII for summary recovery); court assigns case number.
• Month 2-3: Summons issued to defendant; defendant must appear and file written statement.
• Month 3-5: Framing of issues by court; both sides file affidavits-in-evidence and list of witnesses.
• Month 5-9: Evidence recording stage; cross-examination of witnesses.
• Month 9-14: Final arguments by both sides.
• Month 14-18: Judgment and decree. If decree is in your favour, execution proceedings begin to recover the amount.
• Post-judgment: If defendant appeals, the matter may go to the District Court or High Court — adding 1-2 years depending on complexity.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Absolutely — and in many cases like this, settlement is the faster and more practical route. Under Section 89, CPC, courts themselves can refer disputes to mediation or conciliation before the matter proceeds to trial. A trained mediator can facilitate a repayment agreement that both parties accept without the cost and delay of full litigation.

Lok Adalats are another option. Under the Legal Services Authorities Act, 1987, Lok Adalats can take up pre-litigation money disputes and facilitate binding settlements — typically at very low or no cost, and with a decree that is final and executable. Where the other party is willing to pay but seeking time, a structured settlement through Lok Adalat can be particularly effective. Now, before you rule out settlement — consider that a decree from a Lok Adalat cannot be appealed, which saves considerable time.

Common Mistakes People Make

• Waiting too long to act: People often give repeated extensions hoping the other party will pay voluntarily. Each month of delay brings you closer to the limitation deadline and reduces your options.
• Continuing to transfer money without documentation: Some victims keep giving more money even after repayment defaults begin, without any written acknowledgment. This complicates the recovery case significantly.
• Relying only on verbal conversations: Verbal promises are very difficult to prove in court. Always follow up any phone discussion with a written message confirming what was said — even a simple "As discussed, you will pay Rs. 70,000 by 30 April" sent over WhatsApp creates a record.
• Threatening or harassing the other party: Counter-productive and legally risky. If you continuously call or threaten, the other party can use that against you. Keep it civil and documented.
• Posting details on social media: Venting publicly about the other party before a case is resolved can expose you to defamation claims and also damages your standing before the court. Avoid it entirely.
• Engaging an advocate without relevant experience in civil money recovery matters: This category of case involves specific procedural steps — correct framing under Order XXXVII CPC, attachment applications, digital evidence certification — that a general practitioner may not be familiar with. An advocate who regularly handles civil debt recovery matters will know which approach fits your facts and timeline, and is likely to avoid procedural missteps that delay or weaken the case.

Advocate Sudhir Rao, Supreme Court of India