What a money recovery suit costs in Kolkata depends on the amount claimed, whether the debtor admits the debt or denies it, how many hearings the suit takes, and whether the recoverable sum makes the litigation worth its cost at all. A claim that settles after a sharp legal notice is a very different job from one that is contested to a decree and then to execution. An advocate who quotes a single figure before reading your invoices, your ledger and your correspondence is guessing. This page explains how recovery work is charged, what sits outside the fee, and what to ask before you engage anyone. Our practice is described on the recovery suits page.
How advocates charge for recovery suits in Kolkata
A suit for recovery of money is filed before the appropriate civil court under the Code of Civil Procedure, 1908, and where the claim is on a written contract or a negotiable instrument, it may be brought under the summary procedure in Order XXXVII of the Code, which is faster and stricter than an ordinary suit. That choice of procedure changes the work involved. Advocates in Kolkata generally charge in one of these ways:
- A fixed fee for a defined task. Sending a demand notice, drafting a suit, or drafting a reply to a defence is closed work that can be quoted up front.
- A per-hearing appearance fee. Each date of hearing is billed separately, because each date is separate preparation and appearance.
- A stage-wise fee. Institution of the suit, the evidence stage, final arguments, and then execution of the decree — each is a distinct stage.
- A retainer. Businesses that recover dues regularly sometimes keep an advocate on a monthly retainer across a portfolio of claims.
A first consultation means reading the contract, the invoices, the delivery proof, the bank record of what was received, and any acknowledgment of the debt. From that, you get a frank view of whether the claim is documented well enough to sue, and whether a notice is the cheaper first step.
What is not covered by the fee
The advocate's fee is for professional work. These are separate and are paid to the court or to third parties:
- Court fees and process charges. Court fees in West Bengal are prescribed by the Court Fees Act as amended for West Bengal; the amount depends on the value of the claim (ad valorem), and the current rate should be checked against the schedule before filing.
- Stamp duty where a document must be stamped, and notary charges for affidavits.
- Process server and publication costs where a defendant has to be served, sometimes by substituted service.
- Photocopying of plaints, documents and sets for the other side.
- Travel and out-of-pocket expenses for hearings or for collecting records.
- Execution costs if the debtor does not pay and the decree has to be enforced against property or bank accounts.
What drives the cost up or down
- Contested or admitted. A debtor who admits the debt and seeks time is far cheaper to deal with than one who disputes documents and raises counterclaims.
- Written contract or loose dealings. A signed contract or a cheque gives a cleaner, faster claim than an oral arrangement supported only by messages.
- Number of hearings. Adjournments and re-listings add per-hearing fees.
- Value of the claim. It affects the court fee and the length of the argument, and it determines whether the matter is worth the cost at all.
- Recoverability. Suing a debtor who owns nothing finds a decree you cannot enforce — a point worth weighing before you file.
- Appeal and execution. A contested decree may go to appeal, and enforcing it is a further stage.
Questions to ask before you engage an advocate
- Can this claim be brought under the summary procedure, or must it be an ordinary suit?
- Is my documentation strong enough to prove the debt?
- Is your fee fixed for the suit, per hearing, or stage-wise?
- What is billed separately — court fee, process, publication, copying, travel?
- What is the limitation position, and is my claim still within time?
- Is the debtor worth suing — will a decree be enforceable?
- If the debtor does not pay, what does execution cost, and is it a new engagement?
One caution on limitation
A money claim is subject to the Limitation Act, 1963, and the clock generally begins from when the debt became due, though an acknowledgment of the debt or a part-payment can change the position. Because limitation is strict and the period depends on the nature of the claim, it must be confirmed for your facts before you file — not assumed. A claim filed beyond time can be dismissed however strong its merits.
Our published fees
We do not quote our own amounts on this page. Our published consultation and appearance fees are set out on our pricing page, so the number is transparent before you engage. A defined task such as a demand notice or a plaint can be quoted as a fixed fee; a suit that runs through several hearings is estimated honestly on a stage or per-hearing basis. To discuss your recovery, contact us, or read more about the recovery suits service.
Frequently asked questions
Should I send a notice before suing?
Usually yes. A well-drafted demand notice is cheap compared with a suit and often produces payment or a settlement proposal. It also puts your claim on record and can help on costs. Where the debt is clearly due, the notice is almost always the sensible first step.
Can I recover dues on a bounced cheque this way?
A dishonoured cheque also engages the Negotiable Instruments Act, 1881, and a cheque bounce complaint under its provisions is a separate route with its own notice requirement and timeline. Often a cheque-bounce case is the faster lever, and it can run alongside a civil recovery claim. Ask which fits your facts.
Can I get my money back if the debtor owns nothing?
Honestly, sometimes not. A decree against a debtor with no assets is hard to enforce. That is why the recoverability of the debtor is worth examining before you spend on a suit, and why an early, well-timed notice sometimes recovers more than litigation.
Is there a time limit to file a recovery suit?
Yes — money claims are governed by the Limitation Act, 1963, and the clock generally runs from when the debt fell due, subject to acknowledgments. Because the period turns on your facts, have it confirmed by an advocate before you delay.