• Credit card

Sir GE:

I am in plight and lost everything all my money and health and my husband also due to his major complications and sickness and he expired in 2014. Before that he was used to take care of all the financial transactions though I was earning person, many may not believe but I had no idea of what transactions he had made and he was the one who used different cards in my name and took loans and many of them he cleared, but due to his sickness since 2011, we went a complete downhill and with medical expenses growing it was becoming very hard and I do not know what he was doing, but after his death, people started coming to me asking for money, and many bank people with whom i had credit cards saying that from 2011 he was not paying any dues and I was completely ignorant of the fact though it sounds foolish in today's world but he was very strict and never would say me a word as to what is happening or what financial transactions he had made. Apart from credit cards, there were people locally who were harassing me for the money and i had a house loan with flat on my name and I sold it off and cleared off there dues. Now I am unable to make much and am survived by two children, and all these issues, his loss, no money is making me get mad and other than shedding tears I am unable to do anything.

My sincere request is please go through the above and help me out what I should do with regards to these credit card people harrassing me.

They say from 2011, he has not paid anything and I cannot pay anything now as I do not have anything, even if I want to apply for some loan, they are rejecting me saying I have defaulted which I have not done and no assistance from any goverment, no family members to support, feeling depressed and want to die but I have two children, need to think of them, please help me sir.

I was an income tax payer and never claimed for returns and did not do anything wrong sir, but everybody is treating me a culprit and defaulter and it is paining me.

I went to doctor and he is saying I am suffering with emotional disturbance and severe depression.

I have nothing in my name, no property, no gold, no investments, I believed my husband, but everything went wrong and literally in tears even when messaging.

Some people are advising me to apply for a different pan card, but I am scared to do that. Please advice me sir. Other than folding my hands and requesting you, I cannot pay anything to any one of you. Please advice me.
Asked 6 years ago in Civil Law

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4 Answers

1) claim of bank is barred by limitation as no payment has been made by you since 2011

2) even if bank files suit it would not be able to recover any money

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. You are not liable for the debts of your husband in the first place unless you have inherited some property from him. A wife is not liable to repay the debts of her husband except if she inherits his property. So if the debtors are harassing you then file a police complaint against them.

2. Applying for another PAN Card when you already have one is an offence, don't do that.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi,

1. Bankers can not harass for recovery of money. If they do so then you can file police complaint against them.

2. Applying for different pan card to get loan, would lead to cheating/forgery case.

3. You need to plan your future with available financial options.

Thanks,

Adv.Niranjan,

Mob - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

The dues not paid for over three years cannot be recovered due to the limitation clause and it is barred by time limitation since it is over three years.

Dont acknowledge the loan at this moment in writing to any bank or credit card agency.

Let them send a legal notice based on which you can decide about what best can be done on it legally.

You dont have to pay anyone at this stage and nobody can force you to pay the debts which are barred by limitation hence shed your fears, receive the notice if you get any, consult your advocate on further legal course, until then remain calm without getting bothered about any such issues.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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