Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nilesh babu   06 April 2019

Junior civil court order against me for credit card payment

Respected lawyers, I would need your kind advice on some unfortunate situation I am facing. I owed a bank 19000 due on a credit card in 2014. I was in the US, my son made the payment to the recovery party after 6 months. Recently my son checked n informed me that a case has been in the junior civil court against me since 2017/6. I was not here and my real address was changed so I did not receive any notice as well. Recently the court has directed decree with costs, Judgment pronounced in the open court vide separate typed one. In the result, the suit of the plaintiff bank is decreed, with costs, directing the defendant to pay sum of Rs.1,20,807/- to the plaintiff bank with interest thereon at the rate of 3.2 percent per month from the date of suit till the date of realization. I am a retired pensioner I have no property n I live on my pension. I have repaid the due to the respective bank. I do not owe anyone anything. Any advice would be appreciated. Thank you


Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     06 April 2019

Contact a local advocate and go for appeal with all relevant documentary evidence in support of your repayment.  

Shashi Dhara   06 April 2019

If Ur retired and have no immovable property and pentioner then why do worry. Let the bank take paper decree.dont contact any advocate even if they file execution they cannot take attachment over pension if u contact advocate for appeal u have to pay atleast 25000rs..at ep u engage advocate and bargain the amount and make settlement.if bank denies to settlement don't care they cannot attach Ur pension.

Nilesh babu   06 April 2019

@shashi dhara. Ty sir for the kind advice. My only fear is my pension being garnished as it is deposited in my savings account every month. I withdraw it the same day n use it to pay for my food and medicine. I have returned them their due and not in a position to pay any further. My question is should I be relaxed about it or will they bring ep on my salary

G.L.N. Prasad (Retired employee.)     06 April 2019

The pension is for sustenance and can not be attached.  But, you may be having immovable assets earned during the period or transferred during court proceedings.

Dr J C Vashista (Advocate)     07 April 2019

Pension can not be attached.

Nilesh babu   07 April 2019

@shashi dhara. Ty sir for the kind advice. My only fear is my pension being garnished as it is deposited in my savings account every month. I withdraw it the same day n use it to pay for my food and medicine. I have returned them their due and not in a position to pay any further. My question is should I be relaxed about it or will they bring ep on my salary

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register