cpc

bank defaulter


I am a bank defaulter since 2007 end. some personal loans of rs 2 lacs and 4 lacs amount were taken by my husband in my single name from a private bank. no security or no co borrower's name were included in the loans. as i was unaware of the details of the loan due to the agents who helped to disburse the loan amount.

I lost my business just after 4 months of the loan taken as all the amount were withdrawn by my husband . and since then i became financially very poor as i am not having a single financial help from my husband or in laws. i am  having divorce suit case against my husband due to vast financial disasters and loans of his own. I am struggling myself as a woman and cant afford the repayment of the loan amount which was taken in my name but was used all by my husband. pliz help me with the proper law / lawyer who can help me out in this situation. how can i get rid of this uneasy and miserable life??? i am doing some private tuition and staying in a ladies hostel and struggling in life. as i left my home since then i have no such information what the banks or legal actions are taken against me. but a bank agent who is common friend of my husband and myself says property attachment case have been passed by high court whereas i have no such property of my own. my father cant afford to remit my loans as he is a retired man. but i am still not divorced so can i asj the bank to attach property of my husband and in laws??? kindly help me. ....

 
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Dy Director

since you are not aware of details of the case you cannot disclose it to forum so no meaningful advise can be given
 
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Advocate

Your case is peculiar.  You have not stated that how and on what basis the bankers were kind enough to grant such a huge amount to you as loan without any collateral security or a guarantor?  If it is a fact that no security was involved to grant you loan, it is the bankers problem to arrange for recovery.  They can  file a money recovery suit in a civil court against the borrower but then if the defendant has not been served with the summons due to non-availability of the correct address, on paper publication for service of summon, the case will be decided on ex-parte basis, and then on an EP, the petitioner may seek for arrest of the respondent but again for that also they need to furnish the correct address to the court and then only they can go for a arrest under civil laws.  It is a very lengthy procedure.  If your husband is not a guarantor/co-borrower, his property cannot be attached for the loan availed by you in your personal capacity for your business purpose.  Even your father's property or income can be attached for the reason stated ibid.  Be frank that whether you wanted to avenge your husband due to the impending divorce case against you hence this query?

 
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