• Legal action to recover credit card debt - impact on work visa for India

Dear Sir or Madam, 
2011 to 2014 I was working and living in India (I am Greek Citizen). During this time I had a creditcard which after leaving India in 2014 there was an open ammount. After 3 Years (beginning 2017) I got an email that the bank chosen to initiate civil/criminal action to recover the debt. My email account was not active as I changed the company and I didnt got any information about the actions and debt. However I need now to go back to India for work and apply for a work Visa. I need to know if this case will have an impact on the visa and somehow to check if there is a legal case against me in India, how long it is valid (after so many years) and if so how to get clean.
Asked 6 years ago in Civil Law

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

18 Answers

1. The limitation period under the Indian law to recover an amount is 3 years from the date on which it falls due. The debt has now become time barred.

2. The bank can at the most file a civil suit for recovery of money against you, whereas a criminal complaint will not be maintainable.

3. Engage a local lawyer in the concerned city to find out if a case has been filed against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Well, in most cases such threat of legal action remains on paper only as the cases takes lot of time to give results the most of the creditors shy away from court from exploring legal recourse.

2. The case for recovery of money is mostly civil in which involvement of police or issuance of warrant of arrest does not arise.

3. Even criminal cases if files may not be of serious nature to get worried about.

4. SO you can anyway apply for visa which is unlikely to be rejected fr sch criminal case.

5. Without knowing the nature of the case if filed against you no further advice can be given or next course of action can be chalked out.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear Concerned,

PLEASE be informed that the credit card loans / monies are unsecured loans and no criminal action can be initiated. The mail which you have received may have been sent just to harass you mentally and this will not impact your work visa application etc, SO need not to worry. This does hamper your CREDIT rating in India - however must not matter to you being a Greek ......

Best of Luck.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1) bank must have filed summary suit against you to recover its credit card dues

2) since you did not contest exparte decree would have been passed against you .

3) you can approach the bank for one time settlement to clear your dues

4)if bank has any post dated cheques on dishonour of the cheque bouncing case would have been filed against you

5) if any non bailable warrants had been issued against you it would impact issue of visa ti you

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello

You used the credit card and the amount spent via the credit card was not paid. The bank has only given to you a warning that you should pay the amount back and in case of failure to do so they can and will initiate proceedings against you. Therefore you should explain yur situation by mailing the reasons due to which you were unable to pay and should settle the amount.

The bank officials would ask you to pay the amount along with interest but if you request them they will waive off the interest. In. That case pay the principal amount. It will not have an impact on visa if it is not a very big amount.it can a have an impact if the bank has initiate proceedings against you.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Lawyer can take search and find out whether any civil case is filed in local courts

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello

It can be found out whether there are any cases pending with the bank and how to go about it. You have to provide necessary details of the bank and the credit card info.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If any case you wish to pay the amount you need to speak to the bank and try a settlement amount which is very less than the actual outstanding amount you can pay the amount and Bank will issue NOC now it is it is very common that the bank have connection of recovery agents in all the countries if you have outstanding in India recovery agencies in Greece may try to find you it will not be a good idea to hold the outstanding as in case you are visiting to India you may get into legal problem. In India banks are protected by the legal system not by the government so there will be no impact on visa

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Sir the bank cannot file a criminal case against you as in case of credit card recovery that is unsecured loans the criminal liability is not there.

So bank at most can file a summary civil suit that debt is also barred by the limitation of three years.

First and foremost you can do is approach bank for settlement pay the settlement amount and finish the episode.

or you can engage a local lawyer can get is checked in the jurisdiction of the bank that a summary suit is filed or not.

Further for a civil suit visa cannot be rejected but in my advise getting amount settled is better option and further if bank has any cheques from you then it can use trouble.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

It will definitely impact you visa.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Sir you can engage a local lawyer from area you resided he can check in the court and jurisdictional police station.

Further you can also check FIR and the Court case online on ecourts website and for FIR on concerned state website.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your work will not affected. You can yourself pay the agreed amount to the bank if you wish too. If you want to Dispute the same you can also file Complaint to banking ombudsman.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. The bank had to file the civil suit for recovery within 3 years.

2. You need a local lawyer to find out if any suit has been filed or not.

3. Lawyers can certainly find out the required information.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. when you apply for work Visa in India, you will be required to give details whether any court case is pending against you or are you convicted of any criminal offense

2. for the above you can write a 'no'. However do disclose about this bank issue and explain saying that the communications were sent by the bank to a defunct email which you had been using and you learnt about the same only when you revived that email, however you are not aware whether the bank has initiated any legal proceeding against you

3. if the amount due to the bank you can also state that you are ready to pay the bank its dues or pay a one time settlement amount

4. if you show the willingness to pay and clear the bank issue then I do not think that your visa application will anyway be affected

5. the key is to make full and true disclosures and not to suppress anything

6. it will be very difficult to procure any information about any potential action which the bank may have taken against you

7. i suggest you write an email to the bank informing how you learnt about the bank emails to you and that you are willing to settle the bank's dues through a one time settlement amount and request bank to close the matter. This will clear your way for the visa application and it shall go through unhindered

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. If a criminal complaint is lodged by the Bank against you for running away without repaying the debt, then police might register a FIR against you and start the proceeding.

2. You fail to appear before the Court despite multiple notices, the police might arrange to get warrant issued against you though you are a foreign national for having committed a crime in India against the bank by defrauding/cheating the bank in refusing to repay the debt as per the agreement signed by you.

3. In the above case and circumstances, you might ace problem in getting Visa from the Indian Authority and even if you get the Visa, you shall be liable to be arrested after arriving in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. If the bank has filed a case against you or if the police has registered FIR based on the complaint lodged by the bank, you are required to be notified legally.

2. The problem in your case is that you have not informed the bank your present address and your earlier email address was inoperative.

3. If you repay the loan, then the criminal case filed against you shall be dismissed.

4. Engage a lawyer in India to handle your matter after you get the said notice from the bank informing you about the case filed against you.

5. It is not ordinarily possible for a lawyer to find out whether any case has been filed against you or not since every day, numbers of cases are filed in Courts.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

However I need now to go back to India for work and apply for a work Visa. I need to know if this case will have an impact on the visa and somehow to check if there is a legal case against me in India, how long it is valid (after so many years) and if so how to get clean.

If you have not been served with the summons for appearance before court in a recovery suit, you just dont worry about it becasue it is barred by limitation at this stage.

Moreover your current address will not be known to them for sending the summons.

In any case this will not affect your visa issues.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

This is a money suit hence the police will not be informed about it.

The bank knows that this canot be recovered if the loan remains unpaid for more than three years.

It is barred by limitation.

Hence you need not be worried about it.

Do not respond to any communication from bank henceforth.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer