help```` need some legal advice .. in urgent?

Question

there's a big problem...
i have a friend,(i call him A)... he lent 3000USD two years ago to his best friend(i call him B) to stable B's business.but B never repay the money till now, and now he told the police he had repay all the money to A,n even lent A 3000USD,and wanna A repay at once! ..and there's one thing is A met financial problem a few months before,and B is A's guarantor. but A's dad repayed the money monthly,and now A have repay 3 installment,still have 6 installment rest!
and now, B trying to prove that the 3000USD what he lent to A is cash...

now i just thinking does B can charge A to repay him 3000USD at once?? and A has witness to prove B borrowed 3000USD from A two years ago,and the witness know all about what happen.....
and now...... i need some advice about how to help my friend A... cause he's innocent,and never cheat other... he's honest businessman!
please help me, and tell me how to help my friend A!

thank you very much!............

and one thing is this witness has move to america last year,but he'll back to india soon.....

plz plz plz ......... give me some advice ....... too much worried about my friend.................
my friend really really a good guy,he's kind enough! still remembered one of he's friend cheated all his shares and the business in june.... and ran away, i asked him to go to charge that guy,but he didnt,he said let god punish that guy!... some days later,that guy back,my friend found him out, but just asked him why cheat all his money and business.when he know that guy need money in urgent then let him go......... i was too much angry and asked him to charge that guy...... but my friend said let it be... god will punish him..........!!!

this is my friend,too much kind......... i have to help him..... plz give me advice......... thank you very much.......

Answer 1

I don't fully agree with the people who answered this question that A should only have documentary evidence to prove his charges that B has taken 3000USD from him at any point of time, even a witness to this transaction hold good in the court of law if B is unable to disprove his witness about this transaction. I agree that money transactions in whatever manner should be done on papers to be identified & proved at a later stage, but in a case where such transactions were not done in this manner but only in presence of some witness then the courts will go by the statement of the witness to adjudicate such issues. Since the amount of money involved in this is not so big, I advice you to get this whole issue amicably out of court, but if need be then the suit for recovery of this amount on the basis of the evidence of the witness you mentioned in your question shall hold good, keeping in view the equity & justice to provide the aggrieved person relief.

Answer 2

To sue a person we must have sufficient documentary evidence and to prove said documents we must provide the oral evidence before the Court of Law. From your words it is clear that there is a witness to support A in giving his oral testimony before the Court of Law regarding the transaction between A and B but Court of Law needs a clear documentary evidence to prove the case of your friend A. If your friend is having any such document he can succeed in his litigation against B otherwise there is waste of time and energy.Goodluk.

Answer 3

friendship is different and giving loan is different. courts go by evidence only. if u r friend has any documentray proof that he has lent to b then he can file a suit to recover the amount. suppose if the pay ment to be is made by cheque or any promissory note is taken then it can be proved. otherwise it is a futile exercise. all the best.

Answer 4

tell A to file a case against B. if A can prove it, he'll get his money back. and since you are saying B is making up the story, he probably doesnt have any proof and would eventually loose

Answer 5

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Answer 6

call legal aid they are free and will go to court with you!

Answer 7

Dear friend...i suggest you to consult a lawyer in this regard
try this site http://www.advocatekhoj.com