أسئلة وأجوبة
Defendant stopped payments, says arrest needs proof of funds. What to do?
Hello,
I have won a civil case for claiming an unpaid personal cash loan. The defendant paid 50% of the total amount due and the remaining 50% in monthly installments.
However, she stopped making payments because of a new law implemented last November, stating that I can only arrest her if I have evidence or a report confirming she has money.
Is this true? If so, what is the process for this? I need advice, and should I hire a lawyer for this matter?
Dear Questioner,
There are no such conditions for initiating a police case against the defaulter, and this case has more gravity because the offender is defaulting after the verdict of the court to pay the amount.
You can initiate the proceedings for the same. If you need our assistance in your matter, please share your WhatsApp number.
Dear Questioner,
The new law states that an arrest warrant cannot be issued unless the creditor can prove that:
1) The debtor possesses the means to settle the debt but is deliberately evading repayment by concealing or illicitly moving their assets; or
2) The debtor ceases repaying scheduled debt installments without any valid justification.
You have to provide proof that she has sufficient income or assets in her name or anything that proves she is financially capable of paying the outstanding amount.
Dear Questioner,
Thank you for reaching out to me with your legal inquiry!
I understand that you've successfully won a civil case for an unpaid personal cash loan, and the defendant has paid 50% of the total due, but the remaining 50% in monthly installments has ceased.
Regarding your question about the new law enacted last November, it's essential to review the specific details of the legislation to provide accurate advice.
To better guide you through this matter, I recommend a consultation where we can discuss the specifics of your case and determine the most appropriate course of action.
As a seasoned attorney with experience in handling similar cases, I can assist you in understanding your rights and options moving forward.
Whether you choose to pursue further legal action or explore alternative methods of resolution, having legal representation can significantly contribute to a favorable outcome.
I encourage you to reach out to me directly via WhatsApp or phone so we can schedule a consultation at your earliest convenience.
During our discussion, we can delve into the specifics of your case, address any additional questions you may have, and outline a strategy tailored to your situation.
Thank you for considering my services, and I look forward to the opportunity to assist you further.
