In order to recover money from a person in default, a legal notice is sent to the opposite party to repay the money within a period of 15 days from the receipt of the legal notice . In case the opposite party fails to make the payment after expiry of the stipulated period, the aggrieved party can file a recovery suit under Order 37 of the Code of Civil Procedure, 1908 for recovery of money arising out of negotiable instruments such as bills of exchange, hundis and promissory notes or for recovery of debt arising out of any written contract.

However, in case of civil suit for recovery of money ad valorem Court fee is leviable which differs from state to state. After initiation of recovery suit under Order 37 of the Code of Civil Procedure, 1908 the party in default is required to enter appearance within the prescribed period of 10 days, and obtain leave from the Court to defend the suit. In case the opposite party fails to enter appearance within the prescribed period, or fails to obtain leave to defend, the allegations in the plaint shall be deemed to be admitted, and decree shall be granted in favour of the plaintiff.