Sushil kumar 13 October 2020

Not able to pay credit cards bills

Hi everyone,I had 4 credit cards. Limit of all the cards have been exhausted and I am not able to pay for any card since December 2019. Now HDFC Bank has sent me an email that they will file a summary suit order 37 if I don't pay. Total outstanding for HDFC card is 165000 however the limit is 115000 What could be the worst case scenario on this issue. I literally have nothing to pay.

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Quick Summary

This discussion addresses a user's inability to pay multiple credit card bills, with one bank threatening legal action via a summary suit. The user is concerned about the worst-case scenarios, especially as they claim to have no assets or property. Responses suggest waiting for the bank to initiate legal proceedings and potentially contesting the case in court to seek instalment payments, while also noting that civil prison or asset attachment are possible outcomes if a decree is passed.

7 Replies

G.L.N. Prasad (Retired employee.) 14 October 2020

Members can not foretell but going to Jail if a criminal case is established for cheating or entrusting the recovery to outside agents who can even extract Oil from sand etc.may be some ways of recovery.

Real Soul.... (LEGAL) 14 October 2020

Let them file the case ,you eed to contest the case may be you get some relief from court for payments in installment.

P. Venu (Advocate) 14 October 2020

The worst scenario is that the suit would be decreed with interest and cost. However, the court will not allow exorbitant interest, but much lesser, may be 6%. Subsequently, the Bank need to take steps to execute the decree. At that stage, the bank can seek that you may be kept in civil prison or the property and assets which belong to you be attached. Naturally, it is bound to be a long drawn out process.

Sushil kumar 14 October 2020

Thank you P.Venu for your thoughts. My father debared me from the property in year 2015. It was also published in a newspaper. I have nothing on my name. I lost my father in January 2020. What if I literally have nothing to pay? I haven't given any cheque to anyone hence I think bank can't file a criminal suit against me. I need time to settle my cards. Yesterday, I got an email from one of the lawyer asking me to clear the dues in 7 days else they will file a summary suite order 37 against me. What can I do?

P. Venu (Advocate) 14 October 2020

You can give a simple reply to the lawyer's notice seeking time.

Your father's action is no consequence. You are legal heir to the his property, if any, left interstate. Such property could be attached by the Bank.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 October 2020

Originally posted by : Sushil kumar
	Hi everyone,I had 4 credit cards. Limit of all the cards have been exhausted and I am not able to pay for any card since December 2019. Now HDFC Bank has sent me an email that they will file a summary suit order 37 if I don't pay. Total outstanding for HDFC card is 165000 however the limit is 115000 What could be the worst case scenario on this issue. I literally have nothing to pay.