Someone owes you money and they are not paying. Maybe a relative, a business partner, or a shop that took your advance. You are not alone. Money recovery is one of the most common cases in Pakistani courts. Here is what the law actually gives you, and the steps that work.
How long do you have to file?
The Limitation Act 1908 sets the clock. For money lent, you have three years from the day the loan was made. That is Article 57. For a promissory note payable on demand, three years from the date of the note. That is Article 73. If you file after the time runs out, the court dismisses the suit even if the debt is real. The law does not wait for you. So the first question is always: when did the money become due, and are you still inside three years?
What can you use as proof?
Many loans in Pakistan happen without papers. The law knows this. Under Article 70 of the Qanun-e-Shahadat 1984, facts can be proved by oral evidence. Only the contents of documents need the document itself. So your own word is evidence. But the word of a borrower who denies the loan is also evidence. That is why documents win. Keep the bank transfer receipt, the written promise, the receipt, the WhatsApp messages where he admits the money. Gather all of it before you see a lawyer.
Send a notice before the court
A legal notice is a formal letter demanding payment within a fixed time. It is cheap and it often works. Many debtors pay when they see a lawyer's letter. If they do not, the notice still becomes evidence that you asked and they refused. You do not need a notice to file most money suits, but it is the smart first step.
The two court routes
Pakistan gives you two roads to a money decree. The first is the ordinary recovery suit. It is open to any money claim, oral or written. You file a plaint, pay the court fee, and the case runs the normal course. It is slow but it covers everything. For a full walk through of that process, see our guide on how to file a civil case in Pakistan.
The second is the summary suit under Order 37 of the Code of Civil Procedure 1908. It is faster, but only for bills of exchange, hundies, and promissory notes. A cheque counts as a bill of exchange. The defendant cannot defend without the court's leave. The summons tells him to obtain leave within ten days of service. If he has no real defence, the court decrees the claim straight away, and the decree can be executed immediately. If your claim rests on a signed instrument, this is the route to push for.
Which court and what it costs
You file where the debtor lives, works, or where the deal happened. The court fee is a percentage of what you claim, not a flat fee. Under the Court Fees Act 1870, Punjab and Khyber Pakhtunkhwa charge seven and a half percent of the amount, capped at Rs 15,000. Claim Rs 100,000 and the fee is Rs 7,500. Claim Rs 1,000,000 and the fee stops at Rs 15,000. Sindh and Balochistan have their own schedules, so check the rate for your province before you file.
Before judgment: stopping him from disappearing
If you can show the debtor is about to run away, sell his property, or leave Pakistan, the court can act before the suit ends. Order 38 of the CPC lets the court arrest him and demand security, or attach his property until the case is decided. You need an affidavit and real grounds, not a hunch. Use it when you fear the money will vanish.
You won. Now what?
A decree is a piece of paper until it is enforced. Enforcement is called execution and it runs under Order 21 of the CPC. The court can attach and sell the debtor's property, freeze money owed to him through a garnishee order, cut his salary within the limits of section 60, and in serious cases order his arrest. Arrest is not automatic. The court orders it only when he has the means and refuses to pay, or hides his assets. Women cannot be arrested in execution of a money decree. And the clock still runs: you must apply for execution within three years of the right to apply, under Article 181 of the Limitation Act.
If it was a cheque
A dishonoured cheque is also a crime. Section 489-F of the Pakistan Penal Code covers it, and a criminal complaint is a separate, faster route that puts real pressure on the drawer. It does not by itself put cash in your hand, but it changes the conversation. We have a full guide on the cheque bounce case in Pakistan if you are in this situation.
What this means for you
Money recovery is slow. A normal suit can take years. The summary route is faster, but it needs a signed instrument. Before you file, ask three questions. What proof do you hold? Does the debtor own anything worth attaching? Are you inside the three year window? A decree against a man with no property is an expensive paper. Sometimes a settlement at a discount is the smarter deal. And if you cannot afford a lawyer at all, free legal aid in Pakistan exists for people who qualify. Use it if you must. Your right to sue is real. The law gives you the route. The rest is proof, timing, and a debtor who owns something.
If the amount you are owed is Rs 100,000 or less and your claim is one of the listed types, a small claims court in Pakistan may be the fastest route. Its trial is meant to finish within 60 days.
If you already won your case and the money still did not come, our guide on decree execution in Pakistan explains how the court enforces the decree.
Evidence decides these cases. Our guide on what counts as evidence in Pakistani courts explains the proof a judge will accept. And if an online store took your money and vanished, see the fake online store refund guide.
Unpaid legal fees work the same way. A lawyer owed money can use these same routes, and the guide on lawyer fees in Pakistan explains the fee rules and where to complain.
If the deal you are trying to enforce was done online, it is still a valid contract. The guide on online agreements in Pakistan explains how electronic signatures work.
If the dispute is about a faulty product or a bad service rather than unpaid money, a consumer court complaint in Pakistan may be the faster route.
If the money is stuck with a bank, the Banking Mohtasib in Pakistan hears bank complaints free of cost and without a lawyer.
For more plain language guides on Pakistani law, visit our blog or the Lexiber home page.Ask Lexiber free in English or Urdu. It shows you the exact section behind every answer.
