01 · Litigation & Disputes
Recovery & Debt Disputes
Recovery matters concern getting back money that is owed — under loans, invoices, cheques, agreements or decrees.
What this covers
- 01Legal notices demanding payment
- 02Summary suits for recovery on written contracts and instruments
- 03Ordinary civil suits for recovery and interest
- 04Recovery through commercial courts and arbitration
- 05Defending recovery claims
How it generally works
A recovery usually starts with a legal notice. If the debt is not paid, a suit can be filed; claims based on written contracts, bills of exchange or cheques may qualify for the faster summary procedure under Order XXXVII of the Code of Civil Procedure, where the defendant must first obtain leave to defend.
The right forum depends on the nature and value of the claim: civil or commercial courts, arbitration where the contract provides for it, or specialised forums such as the Debt Recovery Tribunal for banks and financial institutions.
Recovery claims are subject to limitation, generally three years from when the amount became due or from the last written acknowledgment of the debt.
