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Author Topic: Can I send a legal notice of amount due based on SMS proof  (Read 1825 times)

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Offline Munna

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Can I send a legal notice of amount due based on SMS proof
« on: October 25, 2013, 04:26:28 AM »
I had given INR 20K and INR 25K to a person based on his SMS quoting his mother is in hospital and he will give me cheque for 45K (that he didn't gave saying he forgot to bring) and return the money soon.

I have a thanks sms also where he said I am his god right now as I saved her mother.

Now he has changed his number and when I go and ask about money every time he gives some excuses and gives some date, now even he doesn't pickup the call and if i call from other number he says he is different person. I went to his house also but he always says lies. I came to know now that he is lafandar kind of person and he may harm me if I continue asking money.

What is the option left to me?

The only proof I have is the SMS in my mobile. Kindly help.

Thanks


Offline advuma

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #1 on: October 25, 2013, 07:06:36 AM »
yes you can send him a legal Notice.

you did not mention what was the mode of payment you used to lend the money
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Munna

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #2 on: October 28, 2013, 09:25:11 PM »
It was cash payment.

Offline advJitu

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #3 on: October 29, 2013, 07:16:50 PM »
you should have made check payment, now with cash payment u have no proof at all other than the sms.

now whether your sms be accepted as valid evidence will be a matter left to the court's discretion.

You can try see what happens.

In future whoever you lend money issue a check

Advocate Jitu, Champion -
Company law expert from Mumbai City

Offline carithomas5141

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #4 on: January 03, 2014, 02:56:10 AM »
No, I don't think that texts can serve as an evidence in court. Because text messages of inbox can be edited and re-saved in the phone with the PC suits. So i think, its not reliable.

Offline amanthapeterson

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #5 on: January 03, 2014, 10:36:24 PM »
He might do not have the money with him but I think it will be good to warn him at least once that he better return your money otherwise you will report him to the law. If no conclusion found you can definitely send a legal notice to him regarding the SMS as a proof.

Offline advswagata

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Re: Can I send a legal notice of amount due based on SMS proof
« Reply #6 on: January 05, 2014, 10:24:04 PM »
Call him up record the ph conversation mentioning the money you paid him and persuade him to pay back... This recording will be accepted as evidence in court

 

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