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subhash (sales)     13 November 2009

Unsecured loan defaulted advice required

My friend defaulted the unsecured personnel loan what next ?

My friend was working in bangalore and availed a unsecured personnel loan from icici bank.

he paid regularly for 8 months later he lost job so he went to his native.

already 12 months are over.

already 2 times bank sent a lawyer notice to his address given in bangalore.

Since he was not there he dont know abt anything .

now he got job in nigeria he is getting visa within 15 days.

how the bank will take action ?

he is willing to pay after going there and earning monthly monthly.

any problem may happen Or ANY POLICE ARRESST OR anything will happen

he is fully in stress and very much worried becose 2 days some one called him and told that in delhi a lowyer filed a case on u so i am releasing arrest warrent on you lke that. and he given lawyer number to speak when he spoke he told that ok atlast i will give 3 days time 

you have to pay 10,000/- atleast otherwise we are releasing a arrest warrent accourding to section 138 since u r ecs bounce of loan cheques .

kindly suggest .......immediately what he has to do he is not in a position to spend 10k also at present..


Learning

 4 Replies

Y V Vishweshwar Rao (Advocate )     13 November 2009

If a Case Under Section 138 of NI Act is filed and proceedings  are  issued a Notice /Summon will be issued - for appearence in Court

Other wise if a civil suit is filed , the  Civil case Summons will be issued  for appearence .In your message there is no mention of any summons or Notices - it is only Telephone call -

subhash (sales)     14 November 2009

he is telling that he sent a notice to appear in court 2 times since he was not residing in his address ,he not recieved .

now how the further action  can be taken sir.

and even he dont know whether they are real police or real lawyer called him.

 

 

Y V Vishweshwar Rao (Advocate )     14 November 2009

You can egange any Delhi advocate of thsi LCI ( and give the  Tel Number of the said  person- advocate/ police / bank who ever it may- who called your friend ) ) and  request  the Delhi advocate to contact the said Tel Number person and get the particulrs of the case , name of the Court and date of hearign and if it is Civl Suit a valakath be given to the  delhi Advocate to appear on your behalf  !

 

dk.anand (legal head)     17 November 2009

Dear, No need to worry ur friend immidiately take a flight and goto nigira. all legal proceess will become lengthy so ur friend bduring this span of one year or two can earn and from there he can return the money in instalments. Recovery agencies are pressuring on t the behest of law  firms.Take it easy.U take my no.09004666869 and i will give u advice to get out of this problem .


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