Non payment
Querist :
Anonymous
(Querist) 23 January 2024
This query is : Resolved
Hello all,am a single mother where my husbnad had taken loans on my name.
N past 2 years i stopped paying as he did fraud and left and i dont have any money to pay.
Today HDFC bank people came near my house and said they have non bailable warrant. Is it right they can issue NBW to me and I get to go Jail?
Please some1 help
kavksatyanarayana
(Expert) 23 January 2024
As your husband took loans in your name, you must repay the loan amount. If you cannot pay the bank may refer the case to DRT, the DRT auction your property. So repay the loan amount by taking the help of your family members.
T. Kalaiselvan, Advocate
(Expert) 23 January 2024
The HDFC bank people cannot have a non bailable warrant or arrest you.
They are trying to threaten you to put pressure on you to repay the defaulted loan.
You don't get scared, you can inform them to approach court for following procedures of law to recover the loan amount instead of indulging in such illegal activities.
You can give a complaint against them if they still torture you.
Querist :
Anonymous
(Querist) 24 January 2024
I dont have any property nor i have any assets except for my pay.
But i have kid to take.care of.
Will they put me to jail or anything?
Querist :
Anonymous
(Querist) 24 January 2024
Thank you sir,for letting me know Kalaiselvan sir
T. Kalaiselvan, Advocate
(Expert) 24 January 2024
You are welcome.
The HDFC people are threatening you without any rights or authority.
If at all they have to recover the money, they can institute a money recovery suit through court of law and not taking the law into their hands
Sudhir Kumar, Advocate
(Expert) 24 January 2024
The arrest warrant can be issued by Court and is handed over the Police and not to bank.
They are trying to fool you.
Even if case is filed for bouncing of cheque the same can result in a bailable case.
Non bailable warrant can be issued only if :-
1. You (not your late husband) signed a cheque
2. cheque is bounced.
3, bank issued a notice (withing stipulated time) to the person who signed cheque (if alive).
4. the person defaulted in payment.
5. The Bank files a complaint in Court within stipulated time.
6. The accused receives a notice and does not go to court.
You cannot go to Jail unless you have signed a cheque.
Yo have stated that the loans were taken in your name (actually you took loan).
For rendering a comprehensive opinion the following pointed questions are relevant to indicated chances of you being (or not being) in Jail :-
1. Why loan was taken.
2. any property mortgaged.
3. whether loan was utilised
4. whether loan was utilised for the same purpose.
5. DID YOU OR DID YOU NOT SIGN ANY CHEQUE.
Querist :
Anonymous
(Querist) 24 January 2024
It was personal loan on my documents.
As i am a doctor.
And it was for my husbnd. I dint keep any property or amything.
And i had signed just a cancelled cheque..Nothing else.
So that recovery guy was saying he can use cancelled cheque as emi bounce
Querist :
Anonymous
(Querist) 24 January 2024
Yes I am getting notice from court past 1 yr,but i am not receiving as i am affraid,of jail and my kid worried.
Do I need to accpet the notice from court?
Sudhir Kumar, Advocate
(Expert) 25 January 2024
Interest of the bank is in loan recovery and not you being jailed unless you compel them so or make iteasy for them.
Given facts indicate that You cannot be sent to jail so easily.
Given facts indicate that But you seem to be making it easy.
Your present reply indicates :-
1. It was you took the loan.
ATLEAST WHAT IS APPARENT SO FAR
2. You believe no property was mortgaged.
3. You only signed cancelled cheque (seems unbelievable)
BUT YOU ARE HIDING THE FACTS WHETHER OTHER DOCUMENTS WERE SIGNED BY YOU.
4. You are evading court notices
AND DEPRIVING YOURSELF TO KNOW WHAT IS THE MATTER AND DEPRIVING YOURELF OF A SOUND AND PROPER LEGAL ADVISE BY ANY LAWYER
CAT DOES NOT VANISH IF PIGEON CLOSES EYES.
EVEN HARDENED CRIMINALS DO NOT TRY THIS EXPERIMENT
AS A DOCTOR HOW CAN YOU BE TREATING / ADVISING A PATINENT WHO COMES TO YOU HINDING THE DISEASE FROM HIMSELF.
5. You are afraid of going to Jail.
NO YOU DO NOT SEEM TO BE WORRIED ABOUT JAIL.
HAD YOU BEEN SO WORRIED YOU WERE NOT MAKING IT EASY BY IGNORING COURT ORDER AND DEPRIVING YOURSELF OF THE RIGHT TO DEFEND.
AS A DOCTOR WOULD YOU ACEPT IF A PATIENT DOES NOT WANT TO UNDRGO SURGERY BECAUE HE FEARS DEATH.
6. You are worried about kid.
NO YOU DO NOT SEEM TO BE WORRIED ABOUT YOUR KID,
IF YOU WERE WORRIED ABOUT YOUR KID THEN YOU WERE NOT HAVE BEEN MAKING MOCKERY OF LAW AFTER CREATING EVIDENCE AND LIABILITY AGAINST YOU.
AS A DOCTOR WOULD YOU ACEPT IF A PATIENT DOES NOT WANT TO GET TREATED / DISGNOSED STATING THAT HE FEARS ABOUT HIS FAMILY.
Anyone having any slight sympathy for you shall not be advising you without seeing each and every paper
