How do I file a civil suit in Bangladesh to recover unpaid loan money from a friend?

Filing a civil suit to recover money in Bangladesh is a structured but often time-consuming process. Since you have bank records and WhatsApp messages, you have a strong evidentiary foundation.

Here is a breakdown of the process and how to proceed.

1. Pre-Suit Requirement: Legal Notice
Before you can formally file a suit, you must issue a Legal Notice (Demand Notice) to your friend. The purpose is to formally demand the money within a specific timeframe (usually 15 to 30 days) and warn of legal action. This is often a mandatory first step. If your friend pays after receiving this, you may avoid years of litigation.

2. The Legal Process: Filing a Money Suit
If the legal notice period expires without payment, you can file a Money Suit under the Code of Civil Procedure (CPC), 1908.

Step-by-Step Procedure:
1) Drafting the Plaint: Your lawyer will prepare a plaint detailing the loan, the transfer records, and the WhatsApp evidence.
2) Determining Jurisdiction: The suit must be filed in the court where the defendant resides or where the cause of action took place. In Dhaka, this is typically the Joint District Judge Court.
3) Payment of Court Fees: You must pay an ad-valorem court fee based on the amount you are claiming. In Bangladesh, the maximum court fee for a money suit is capped at BDt 60,000.
4) Summons: The court will issue a summons to your friend. If he fails to appear, the court may proceed ex parte (in his absence).
5) Evidence & Trial: This is where you present your bank statements and WhatsApp logs. Under the Evidence Act, digital records are admissible, provided they are authenticated.

3. Timeline and Expectations
Estimated Duration: Civil suits in Bangladesh are often delayed; a contested money suit can take roughly 3 to 7 years (or more) to reach a final judgment and execution.
Limitation Period: You must file the suit within 3 years from the date the loan was supposed to be repaid. If there was no fixed date, the 3-year clock typically starts from the date the loan was given or the last date payment was acknowledged.

4. Partnering with Equity Law House
Equity Law House (or a similar specialized firm) can act as your legal partner by streamlining the process. Their role would include:
- Evidence Authentication: Ensuring your WhatsApp messages and bank records meet the technical requirements for court admissibility.
- Aggressive Negotiation: Often, a firm's involvement can push for a Settlement (ADR) through mediation, which is much faster than a full trial.
- Execution of Decree: Winning the case is only half the battle. If your friend still doesn't pay, the firm will file an Execution Suit to attach and sell his properties or assets to recover your money.
Pro-Tip: If you have a signed cheque from him that bounced, you should consider filing a case under Section 138 of the Negotiable Instruments Act. This is a criminal proceeding and is significantly faster and more "persuasive" than a civil money suit.

Based on your situation, the proper legal process in Bangladesh would be to file a Money Suit in the civil court with jurisdiction over Dhaka where your friend resides. Given that you have strong documentary evidence—including bank transfer records and WhatsApp conversations that confirm the loan amount and the debtor's acknowledgment—a lawyer can file the case under the Code of Civil Procedure, which allows for a "summary procedure." This is designed for straightforward debt recovery cases with clear written evidence and can lead to a judgment without the typically prolonged hearings, provided the defendant cannot raise a substantial defence.

Regarding the timeline, if you proceed under the summary procedure and your friend does not effectively contest the claim, you could potentially obtain a judgment within 6 to 12 months. However, it is important to be prepared for delays; if the case is contested, becomes mired in procedural adjournments, or follows the ordinary trial process, litigation can easily extend to 1.5 to 3 years or more due to court backlogs. After securing a decree in your favour, the enforcement process to actually recover the money—which may involve attaching property or bank accounts—can add further time. Therefore, as a first and often effective step, the lawyer should issue a formal legal demand notice to the debtor, as this alone can sometimes pressure them into repayment without the need for a protracted court battle.

 

Should you wish to proceed, we would be honored to represent you in this matter.