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Paul   18 March 2023

Hdfc bank personal loan emi not paid

Hi, I took a personal loan from HDFC bank in the year 2021. Due to my job and bad financial situation I couldn't clear the EMI's for 8 months. In the month of October 2022 I received a legal notice to clear the payment, I didn't respond as I didn't have money. I received a summon in the month of January to appear before the magistrate on 10th Feb 2023, I went and paid the said amount of Rs 12000. On March 9th 2023, I EMI bounced, as there was no money in the account. Now on 18th March 2023 I received an SMS to my cell phone that 'a summon was issued' no link to the summon but only the link to the payment, the sender name is listed as 'HLEGAL'. My question is without sending a demand notice can a summon be issued directly ? Or It's just a threatening message to make the payment which could be ignored. Please help!


 2 Replies

RAKESH ISHI   21 March 2023

In general, a legal summons should be served in person or by registered post, and it should clearly state the nature of the case and the date, time, and place of the hearing. It should also be issued by a competent court or authority, and it should have a court seal or stamp.

Sudhir Kumar, Advocate (Advocate)     22 March 2023

curts are issuing summons in hard copy. It is either sent by post or through constable.

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