• Credit card recovery

I had a SBI credit card in year 2013 which was written off within one year of issuing n suit filed. I have never received a legal notice till now, but i get calls for it now and i am not able to pay the amount right now. How much time can i get from bank. I heard that court gives 60 days notice period , but did not get any legal notice till date. Can they register FIR on me. What is the solution so that i get little time to repay.
Asked 8 years ago in Civil Law

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14 Answers

1,. Without knowing the nature of the case it is difficult to advise on further course of action.

2. If the demand of money was last raised in the year 2013 then the debt has become time barred and no civil suit can be filed to recover the same.

3.However the bank may file case beofre the Lok Adalat to settle the dispute in which you have liberty either to settle or to refuse.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) if you fail to pay credit card dues summary suit can be filed by bank against you

2) you can seek time to make payment and file consent terms in court

3) you would be served with summons

4) engage a local lawyer

5) bank also file criminal complaint against you for cheating under section 420 of IPC

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

No FIR, but can be put behind the bars if not able to pay within stipulated time till the time you don't pay it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) let them serve you notice

2) then engage local lawyer

3) file consent terms in court

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Hmm, you do one thing if they are not giving you time for payment then let them send notice as after notice also they will have to give 15 days time to pay the amount.

And anyway the telecallers are made not knowing anything just to make you afraid.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If you have not returned the money then the bank will have two option either to file a summary suit or call you for arbitration.

In any of the case you can ask the court/ arbitrator to give you time to settle the amount.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also,

Let them file a case

and let a notice be served upon you

thereafter you may file the application in the court for settlement of the suit

Engage a lawyer, and next time when they call you for recovery give them your lawyer's number and ask them to contact the lawyer only.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Only civil recovery suit or through recovery agents but not forceful , time hi time hai , get into settlement with bank allow u to pay in installment

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

No FIR can be institute against you in this case.

Do not entertain the recovery agents. Speak to a responsible officer of the bank and give him an application to give a 20 days window to enable you to clear your dues. The Bank should not turn down your request.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Respected sir ...

It is clear that you are willing to pay the said amount . Sir ask them to give them time to you and if they will file an FIR against you then also you need not worry because it is your clear intention that you are not deniying this are this will help you. ...At the max if the case reaches to the court the court will ask you that time period in which you have to pay the money ...It a simple case just don't worry and face it strongly as you are not wrong ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Issue legal notice to the registered address asking 3 months time to repay the money. They do not have any right to harass you through phone calls or visiting your place.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

The Credit card recovery team cannot lodge police complaint for non payment of dues.

They can file a money recovery suit.

You will get a summon from court, if you dont get one, you my wait or ignore the issue for the present.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

I am willing to pay , all i need a little time of 15-16 days only. Agents are saying they'll post notice at my home? So i should ask them for notice first?

The agents cannot violate the law in this regard, if they still indulge in any such excesses you may lodge a complaint against them with the police.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

They cannot lodge the FIR .. They can only proceed with legal suit for recovery ... It is advisable to pay the amount by settling the matter amicably

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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