Choose the right forum and claim

Before drafting, the lawyer decides whether an ordinary money suit in Bangladesh is the right vehicle. A bank or financial institution recovering a loan must use the Artha Rin Adalat. A dispute in one of the twenty-four categories listed in the Commercial Courts Act 2026, such as sale of goods, construction or merchants' transactions, goes to a Commercial Court, usually after pre-suit mediation where rules require it. A dishonoured cheque can also found a criminal complaint under the Negotiable Instruments Act.

Personal loans, unpaid fees, refunds, damages for breach of contract and tort claims stay in the ordinary civil courts.

Where: Lawyer's chamber · Time: 1-2 weeks · Law: s.9 Code of Civil Procedure 1908; s.2(d), s.4 and s.7(1) Commercial Courts Act 2026; s.5 Artha Rin Adalat Ain 2003; s.138 Negotiable Instruments Act 1881 · Documents: Contract, invoices or loan papers, Summary of payments and defaults

Tip: Filing a commercial dispute in the wrong court wastes months; check the twenty-four categories in the 2026 Act first.

Check the limitation period

Most money claims must be filed within three years: for money lent, from the date of the loan; for breach of an unregistered contract, from the breach; and for goods sold, generally from delivery or the date payment was due. A registered written contract gives six years. Suits on bills of exchange, hundis and promissory notes under the summary procedure must be filed within one year. A signed written acknowledgment of the debt, or a part payment shown in the debtor's handwriting, before the period expires starts a fresh period.

Where: Lawyer's chamber · Time: 1 day · Law: Articles 5, 52, 57, 115 and 116 Limitation Act 1908; s.19 and s.20 Limitation Act 1908 · Documents: Limitation calculation, Any written acknowledgment or part-payment record

Tip: An email or text in which the debtor admits the debt can restart the clock if it meets s.19. Keep it.

Send a legal notice of demand

A legal notice is not a legal requirement for an ordinary money suit, but it is standard practice. It sets out the debt, the basis of the claim, any contractual interest and a deadline, often fifteen to thirty days, and warns that a suit will follow. It fixes the date of demand for interest, invites settlement and often produces an admission or a defence that shapes the plaint. Where the defendant is the Government or a public officer, a two-month notice under section 80 of the Code should be given.

Where: Lawyer's chamber · Time: 2-6 weeks · Law: s.80 Code of Civil Procedure 1908; s.73 Contract Act 1872 · Documents: Legal notice, Registered post and courier receipts, Reply (if any)

Tip: Send the notice to every address you have, including email. Proof of delivery is evidence of demand at trial.

Value the claim, pay the court fee and pick the court

In a money suit the value is the amount claimed, including interest up to filing. That figure fixes the ad valorem court fee under section 7(i) and Schedule I of the Court-fees Act, on a sliding scale up to the maximum the schedule fixes, and the court. A Civil Judge hears claims up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh and a Joint District Judge above that. The suit is filed where the defendant resides or carries on business, or where the cause of action arose.

Where: Lawyer's chamber · Time: 1 week · Law: s.7(i) and Schedule I Court-fees Act 1870; s.19 Civil Courts Act 1887; s.15 and s.20 Code of Civil Procedure 1908 · Documents: Statement of account, Interest calculation, Court-fee stamps

Tip: Claim interest separately and transparently. An inflated figure raises the court fee and invites an attack on the whole account.

File the plaint

The plaint states the parties, the facts giving rise to the debt or damage, when the cause of action arose, the facts showing jurisdiction, the exact sum claimed with a breakdown, the interest claimed and its basis, and the relief. Documents on which the plaintiff sues are filed with it, and others are listed. The court registers the money suit and orders summons. Guarantors and joint debtors can be joined so that one decree binds them all.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-2 days · Law: s.26 Code of Civil Procedure 1908; Order VII rules 1, 2 and 14 Code of Civil Procedure 1908 · Documents: Plaint with verification, Contract, invoices, promissory note or loan acknowledgment, Statement of account, Legal notice and reply, Court fee and process fees

Tip: Plead every head of loss now. Order II rule 2 bars a later suit for relief you could have claimed but left out.

Option: summary suit on a negotiable instrument

If the claim rests on a bill of exchange, hundi or promissory note, the plaintiff may instead file a summary suit under Order XXXVII, which in the district applies only in the District Court. The summons is in a special form and the defendant cannot defend without leave. Leave is given only on an affidavit disclosing a real defence, and may be conditional on paying money into court. If leave is refused or not sought, the plaintiff gets a decree for the principal and interest that can be executed at once.

Where: District Judge's Court · Time: 3-12 months if leave is refused · Law: Order XXXVII rules 1 to 3 Code of Civil Procedure 1908; Article 5 Limitation Act 1908 · Documents: Plaint in the prescribed form, Original instrument, Summons in Form No. 4, Appendix B

Tip: The one-year limitation for the summary procedure is much shorter than for an ordinary suit. If it has passed, sue in the ordinary way.

Attachment before judgment

If the defendant is about to dispose of or remove property, or leave the court's jurisdiction or Bangladesh, to obstruct an eventual decree, the plaintiff can apply for an order that he furnish security or have specified property attached before judgment. The application must be supported by affidavit showing specific facts, not just fear. The court may order conditional attachment immediately and call on the defendant to show cause. A temporary injunction against disposal of property can be sought in the same way.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-6 weeks · Law: Order XXXVIII rules 1, 5 and 6 Code of Civil Procedure 1908; Order XXXIX rule 1(b) Code of Civil Procedure 1908 · Documents: Application with affidavit, Schedule of the property to be attached, Evidence of intended disposal or departure

Tip: Wrongful attachment exposes the plaintiff to compensation under s.95. Ask only when you have real evidence.

Summons served on the defendant

The court sends summons with a copy of the plaint by its process server and by registered post or courier, and since the 2026 amendments it may also use electronic means, including SMS, voice calls and instant messaging services. If the defendant cannot be found or avoids service, the court can order substituted service, including by newspaper publication. A company defendant is served at its registered office or principal place of business.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-3 months · Law: Order V rules 9, 9A and 20 Code of Civil Procedure 1908 (as amended by Act No. XXXVI of 2026); Order XXIX rule 2 Code of Civil Procedure 1908 · Documents: Summons, Process fees, Correct addresses, phone numbers and email of the defendant

Tip: Search the company's registered office at the RJSC before filing, so that service is not delayed by a wrong address.

Written statement and set-off

The defendant must file a written statement within thirty working days of service, extendable for reasonable grounds to no more than sixty working days, after which the suit proceeds ex parte. Typical defences are payment, that the money was a gift or investment rather than a loan, limitation, defective goods or services, or that the plaintiff broke the contract first. The defendant may plead a legal set-off of an ascertained sum owed by the plaintiff, which is treated like a counterclaim and needs its own court fee.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 30-60 working days from service · Law: Order VIII rules 1, 6 and 10 Code of Civil Procedure 1908 · Documents: Written statement, Defendant's documents, Court fee on set-off (if pleaded)

Tip: If no written statement is filed within sixty working days, ask the court to proceed ex parte without delay.

Court-annexed mediation

After the written statement is filed and the parties attend, the court must mediate the dispute itself or refer it to the parties' lawyers, a mediator from the District Judge's panel or the legal aid officer. Mediation must end within sixty days, extendable by thirty. If the parties settle, the court passes a compromise decree within seven days, no appeal or revision lies against it, and the court certifies refund of the court fee. If mediation fails, the suit resumes, and a judge who led a failed mediation does not hear the trial.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 2-3 months · Law: s.89A Code of Civil Procedure 1908; Order XXIII rule 3 Code of Civil Procedure 1908 · Documents: Mediation report, Settlement agreement, Court-fee refund certificate

Tip: An instalment plan secured by post-dated cheques or a guarantor is often the most realistic settlement in a money claim.

Issues, discovery and admissions

The court frames issues, such as whether the money was advanced as a loan, how much remains due and whether the claim is time-barred. Either side can use interrogatories, discovery and inspection of documents, and notices to admit facts or documents. Where the defendant has clearly admitted the debt in the pleadings or in writing, the plaintiff can apply for judgment on admission for that amount without waiting for trial, leaving only the disputed balance to be tried.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-4 months · Law: Order XIV rule 1 Code of Civil Procedure 1908; Order XI rules 1 and 12 Code of Civil Procedure 1908; Order XII rule 6 Code of Civil Procedure 1908 · Documents: Issues framed, Interrogatories and discovery applications, Application for judgment on admission

Tip: Use Order XII rule 6 whenever the defendant has admitted part of the debt. It converts that part into an enforceable decree early.

Evidence on affidavit and cross-examination

Examination-in-chief is now given on affidavit, served on the other side in advance, and the witness is cross-examined in court. The plaintiff proves the transaction and the account, often through the person who handled it and through bank statements, ledgers and correspondence. The court may grant each party no more than four adjournments before the peremptory hearing, and none afterwards except with costs, and should complete the hearing within 120 working days of the date fixed for final hearing.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 6-18 months · Law: Order XVIII rules 4A and 19 Code of Civil Procedure 1908; Order XVII rule 1(3) and (4) Code of Civil Procedure 1908; s.34 Evidence Act 1872 (books of account) · Documents: Affidavits of examination-in-chief, Bank statements, ledgers, invoices, correspondence, Witness summonses

Tip: Books of account alone do not prove a debt under s.34 of the Evidence Act; support them with a witness and documents.

Judgment and money decree with interest

After arguments, the court must pronounce judgment within seven days, deciding every issue with reasons. In a money suit in Bangladesh the decree states the principal sum, interest before the suit if contractually or legally due, interest from filing to decree at a rate the court considers reasonable, and further interest until payment. If the decree is silent on post-decree interest, it is treated as refused. The court can allow payment in instalments, and a false or vexatious claim or defence can attract compensatory costs of up to Tk 50,000.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-3 months after hearing · Law: s.34 and s.35A Code of Civil Procedure 1908; Order XX rules 1, 5, 5A and 11 Code of Civil Procedure 1908 · Documents: Judgment, Decree drawn up within seven days

Tip: Ask expressly for post-decree interest in your prayer and in argument. A decree silent on it cannot be corrected by a fresh suit.

File the execution case

If the judgment-debtor does not pay, the decree-holder files an execution case in the court that passed the decree, stating the amount due with interest and the mode of execution sought: attachment and sale of property, attachment of debts or salary, or detention. The decree-holder can ask the court to examine the judgment-debtor on oath about his assets. The application is generally made within three years of the decree or appellate decree, and no later than twelve years.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-3 months · Law: s.38 and s.48 Code of Civil Procedure 1908; Order XXI rules 10, 11 and 41 Code of Civil Procedure 1908; Article 182 Limitation Act 1908 · Documents: Execution application in the prescribed form, Certified copy of decree, Schedule of the judgment-debtor's assets

Tip: Investigate assets before filing: land records, vehicle registrations, shareholdings and bank accounts make execution far quicker.

Attachment and sale of property

The court can attach bank balances and other debts owed to the judgment-debtor by prohibitory order to the bank or debtor, attach part of a salary through the employer, and attach and sell movable and immovable property by public auction after proclamation. The auction purchaser deposits a quarter of the price at once and the balance within the time allowed. The court can also direct the police and other executive authorities to assist and report compliance. Some property, such as necessary clothing and tools of a trade, cannot be attached.

Where: Debtor's bank or employer (garnishee) · Time: 3-12 months · Law: s.60 and s.64 Code of Civil Procedure 1908; Order XXI rules 46, 48, 54, 64, 66, 84 and 85 Code of Civil Procedure 1908; s.94A Code of Civil Procedure 1908 · Documents: Attachment order, Prohibitory order to bank or employer, Sale proclamation, Sale certificate

Tip: Serve the prohibitory order on the bank yourself as soon as it is signed. Funds can move within hours of a debtor learning of the case.

Civil detention of a wilful defaulter

A money decree may also be executed by detaining the judgment-debtor in civil prison. Under rules added in 2026, detention may last up to six months or until payment, whichever is earlier, and the Government bears the cost of subsistence. A judgment-debtor who deposits at least 25 per cent of the decretal amount with a bond to pay the rest within sixty days must be released, but is liable to re-arrest if he defaults.

Minors, persons of unsound mind, declared insolvents and heirs substituted for the original debtor cannot be detained, nor can old, infirm, pregnant or breast-feeding women.

Where: Court of the Civil Judge / Senior Civil Judge · Time: 1-6 months · Law: Order XXI rules 30 and 30A Code of Civil Procedure 1908 (rule 30A inserted by Act No. XXXVI of 2026); s.55, s.56 and s.58 Code of Civil Procedure 1908 · Documents: Application for warrant of arrest, Show-cause reply, Bond for balance payment

Tip: Detention does not discharge the debt. Use it to bring the judgment-debtor to an instalment arrangement backed by security.