Filing a claim for more than the actual amount owed

Question

Question: Having fallen into debt, I bought an engine with a loan taken on interest. Owing to adverse circumstances I had to sell it for 2900; I received 2100 rupees, and 800 rupees were promised upon its being set running. But now he does not pay the money. The matter will be decided by the court. The lawyers say: “File a claim for the full 2900 rupees.” Since there is some hope of success, may I in this situation file a claim for 2900 rupees or not?

Answer

If you have given them a receipt for having received 2100 rupees, then you may file the claim that “I have already received 2100 rupees, and 800 rupees remain.” Once the deed of sale has been completed and the engine has been fitted and set running, the court will probably not annul (faskh)

Source: Fatawa Mahmudiyya

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