bank file recovery suit for credit card payment us 37 against me how can i protect my self
lawyers friend
(Querist) 03 June 2008
This query is : Resolved
sir,
Kindly let me know that if a credit card company has filed a litigation u/s 137,what are the consequences and what ae the remedies available to me as the defendent.
Someody has advised me that I can file an "INJECTION SUIT" ...kindly advice what does that mean and will it help
I have many credit card from all mnc bank in india, i had used these cards for almost 3-9yr and was a regular payer of all my dues on time.
But due to a sudden my financial crisis I had lost all my money which i took out of the credit card and hence i have no money to pay......Banks have issued notices,filed cases against me,I had visited many lawyers but of no use as some one say something....some say other thing what can i do....sir i am very poor guy and need right move to get out this legal problem......please help me sir.i know your time is very valueable but if u can help me i will be really very thankful to you..its like giving me new life.
Guest
(Expert) 03 June 2008
My best advise is you can approach the Legal Services Authority of India, situated in all the states. They will engage a lawyer for you can fight out the matter.
You can also meet the bank and request for reduction and waiver of interest if you are willing to settle the smaller loans immediately, thereby most of your worries will be over.
amit gupta_lawyer
(Expert) 03 June 2008
no one can pay on ur behalf u have to clean ur debt on ur own though a lawyers of urs can get ur debt settled in the court ammicabily with bank but u have to settle the account towards the bank if ur liable for that, court can only break the amount into installments cosidering ur bad financial status.
lawyers friend
(Querist) 03 June 2008
sir how long time i can get from bank.....if u have any idea......and what happ if i not able to make payment......i have no asstes so i can sold and pay banks debt.
Guest
(Expert) 03 June 2008
Banks are responsible public institutions which are bound by various enactments. They have to take action within the fixed time frame, otherwise the officers will be personally responsible.
So donot expect much time from banks.
Court will decide that issue when you donot have money to pay.
lawyers friend
(Querist) 03 June 2008
thanks for reply sir,Someody has advised me that I can file an "INJECTION SUIT" ...kindly advice what does that mean and will it help.......
sir what is worest case in this case.
J K Agrawal
(Expert) 03 June 2008
Dear Mr Vikash
if you did not give a cheque against your debts the bank can not file an application under section 137 NI Act. If you have given cheques a provision for imprisionment is there. If no cheques are given, you need not worry as the bank can file civil suit only and as you stated you have nothing to pay the bank has no option. Imprisonment in case of civil suit is only possible when you have sufficient means and even yet you do not pay. If Cheque are given and still you do not like to go behind bars do not worry. You just file a petition under insolvency act then the banks are help less. Suit for INJUNCTION is of no use and i think you have no ground for such a relief.
lawyers friend
(Querist) 04 June 2008
STILL NEED SOME MORE HELP......SIR HOW TO FILE a petition under insolvency act.
PLEASE TELL ME....
THANKS
Guest
(Expert) 04 June 2008
Even for filing an Insolvency Petition under the relevant ACt, you need a proper person educated in law, Kindly go to Legal SErvices Authority they will provide you help.
lawyers friend
(Querist) 04 June 2008
sir what docs....i need to file insolvency.....and any imprisionment provision in this act.and how can i contact u if i need.
Guest
(Expert) 05 June 2008
Sir
You say you have nothing to pay to Credit Card company. What happened to the credit availed, where did it go. If you pruchased some valuable thing, sell it and pay the dues.
Insolvency is not a easy solution. It will stigmatise you for life. There is no imprisonment but it is very harsh, not advisable.
Rework your finacial position and try to solve your problems. I live in Bangalore work in private practice.
lawyers friend
(Querist) 05 June 2008
sir my all money lost in stock mkt and lot's of money going to pay intrest to card company over 3-9yr.
sir if u not advice to go insolvent tell me what can i do sir.......bank file case under recovery act u/s 37...civil siut and 138 n.i.act also.
please.....please....please help me sir this request to all
thanks
Manish Singh
(Expert) 09 June 2008
you better personally meet an advocte and explain all the situation in detail.
lawyers friend
(Querist) 22 June 2008
Sir what going happened if?
1.Going to court and tell I have nothing to pay what action court take against me(if POSSIBLE CIVIL IMPRESSMENT % chance to court send me jail).
2.If court pass degree against me and no assest, in that case.
Sir please help me…….I meet several lawyer but no one can help me…..some say something and other say something.
Sir if u can tell me what is best way to file leave to defend
Srinivas.B.S.S.T
(Expert) 24 June 2008
if the bank obtain a decree in its favour as in your case it would. It cam file an execution petiton for recovery of its amounts in the next coming 12 years. or it can seek for your civil imprisonment. Better to face it instead of filing an insolvency petition.
KamalNayanSaxena
(Expert) 24 June 2008
You are very much confused. It is difficult to understand what do you want. First be cool and thoughtful to your problem. If you do not beleive the words of any professional, no one can help you.
It is your prime obligation to adjust The dues against you, even if you may prove your intention to repay, the banks may assist you by waiving the interest, considering your bad financial status.
You must approach to your near kin and friends with clean heart for help.
lawyers friend
(Querist) 28 June 2008
sir,today some one came at my place with nbw in my name u/s 420,406......they told bank file case aginst me....it is possible that court direct issue nbw u/s 420 , 406 or police can do it without any notice etc.and any this kind of action can taken in civil cases.
Srinivas.B.S.S.T
(Expert) 30 June 2008
Sir it is clear that the bank has filed a criminal case againt you. And as the summons were rejected or you have failed to appear before the court, the court has issued NBW against you. I once again reiterate its not a civil case but it is a criminal case.
lawyers friend
(Querist) 30 June 2008
sir bank file both civil and criminal case aginest me sir.......and i not get any kind of notice from court for criminal case.i directley get this nbw now what can i do sir......one more thing this case bank filed from chennai and i live in delhi.so how can i face this case sir.......
lawyers friend
(Querist) 01 July 2008
sir details of my case...
I use to have many credit cards issued between 1999 -2004 and all of them were issued from delhi.I was a regular user of the Cards and was paying all the
dues on time till last August (2007).I had undergone a finacial crisis due to loosing all my money in share market and i got bankrupt.I do not have any
movable or immovable property on my name nor I do any job or business .I stay in a rented house and somehow surviving myself doing small works here and
there.
Now the issue is there that as I have not made the payment of the banks since last august ,they have started taking legal action against me ,I am giving
details of few of the cases which have been imposed on me,though I have not served any notice but got the papers photocopied somehow.
(1).They had filed case u/s XXXVII OF THE CODE OF CIVIL PROCEDURE,1908 IN COURT OF SENIOR CIVIL JUDGE,DELHI.
(2).They had FILEd CASE U/S 406 and 420 I.P.C,IN CHENNAI IN COURT OF X METROPOLITAN MEGISTRATE,AND XMM issues NBW under section 70 CODE OF CRIMINAL PROCEDURE
though there were no notices being sent prior to this.
Sir, I want to ask that what is the remedy available to me as I do not have money to do any settlement with the banks as I myself surviving very
difficultly.WHat should i do,I cant hire a lawyer as lawyers in delhi are out of my range. I am totally helpless and clueless.Please give me some guidance
and show me the path.
Some of my friends have suggested me that I should run away from my address ,sir is it the right solution ,what are the consequences of it..
I might be able to settle them in 4-5 years time but the bank is not agrreing to it,at present this are the two cases but in the near future there could be
many,I am totally lost and clueless.
Some of my friends have told me that in Civil cases the court will do a decree ,but as I have told you earlier I have nothing on my name,is there is anyway
for me .
My all hopes are on your guidance as my life is all black and I am into high depression.
thnaks sir
sir can i apply bail in delhi,and can i save my self from futre nbw if any being issued by court.
lawyers friend
(Querist) 03 July 2008
Dear Sir,
i ask this problem on this forum...thanks for your reply sir i need your last time advice please help me
Kindly advice me as what is the better solution,is it to face the case and then if I am not able to make the payment to the bank then should i escape or escape right now and then do the settlment with the banks through some mediator ,at present I do not have money to settle,if its possible that I can fight the case for 2-3 years and in the meantime arrange for the money and do the settlment then I can think to fight the case .
Sir ,at present I have 2 cases against me under section 37,420 and 406 .There would be around 20+ cases which can be filed against me.
Sir kindly advice me should i face or skip as I am totally bankrupt and dnt knw that even after fighting the case will i be able to repay or not,on the second thoughts i thought to run away from my current address .
Sir if there is anything which you cannot write me in open or in this forum ,then you can mail me at abhiban12@gmail.com ,then i can get in touch with you personally(i can pay for that)
thanks sir.
anantha krishna n.v. Advocate
(Expert) 06 July 2008
It may not be section 37. It could be Order 37 of the CPC. This is a provision where a summary suit be initiated for recovery of money under a negotiable instrument ( promissory note, cheque and bills of exchange).
Running away from the problem is not a solution. When you were paying regularly for some time and later failed to repay, then 420 and 406 may not attract. Try a quash petition in High Court. You may not do it on your own. Get an advocate to do it for you.
Civil case is not going to damage you. By the way, you did not mention the total liablity according to you. This has a very serious bearing on the advice.
anyway, my advice is, prepare a list of credit cards, date of last payments, date of last drawals, case filed or not etc.,
Then approach the smallest balance card to give interest waiver etc., and settle the account one after another.
I know cases where a bank has accepted only 12000 for a debt of 30000 because 12000 is the principal amount in that case. Try your luck
anantha krishna n.v. (Advocate, Hyderabad, 9246531895)
Srinivas.B.S.S.T
(Expert) 19 July 2008
Give me fuller details and if you want you can contact me at s_bsst@yahoo.com so that i can be of any help to you.
