• Personal loan not paid for last 9 months

Hi,
I have taken loans from hdfc bank( 1050000) In 2016 and 100000 from Tata capital in 2016 October and 6 lakhs from RBl bank and 4 laks from hdb finance. I am paying emis until I have job. From last 9 months I am unable to pay due to job loss. The recovery team are harassing me to pay emis. I requested them to give some time until I got job. They r not hearing and they bounced my cheque in bank and they r harassing me that I will get police warrant. I am asking for time to settle but they r not giving time. I need following.
1. In how many days I can get notice for check bounce.
2.if they send notice can I get time for settlement. I need atleast 7 to 8 months.
3. Can they arrest me for check bounce? If so how many months it will take.what is the procedure
4. In some forums i have seen that bank was not sending any notices for check bounce and directly they are giving arrest warrent. is it true? getting more frustrated because of this news and i am afraiding of the same.

I got a fake call stating that they received arrest warrent from tata capital and they will arrest me. I checked in PS and they are telling that there is no number as such and then i decided it was a fake call from Tata Capital. Give me some suggestions to get time for atleast 7 to 8 months.

T & R,
Sreeni.
Asked 4 years ago in Civil Law

2 answers received in 10 minutes.

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9 Answers

1. You will get the legal notice within 30 days and after 15 days from there you will receive a notice from the court, if you appear before the court then the warrant will not be issued. 

2. Yes, you can tender a reply to this effect. 

3. No, there is no direct arrest. You will have to appear before the court. 

4. Bank can not give arrest warrant. Warrants are issued by the court and if you get arrest warrant without the procedure being followed by the court, you may challenge the warrant before the court. 

5. Do not worry about the fake calls. You will receive a notice from the court, if there is any progress in the case 

Regards 

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

1) notice would be sent to you within period of 30 days of dishonour of cheque 

 

2) you have to reply to notice within period of 15 days 

 

3)case would be filed if no payment made within 15 days of receipt of legal notice 

 

4) cheque bouncing cases take 5 years to be disposed of 

 

5) you can apply for and obtain bail from trial court 

 

6) if you don’t appear in court in spite of service of summons then only arrest warrant would  be issued against you 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Dear Client,

Police has no role in such cases, no warrant or anyhting. dont worry.

In cheque bounce, legal with in 30 days than 15 days repayment period, no payment than case of cheque bounce within 30 days.

No arrest.

these are fake calls by recovery agencies to create pressure on defaulter, this is civil matter so relax.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Slowly but surely you are trying to land you in a pool of Criminal Cases and Civil Cases.In this peculiar condition I will suggest you that don't try to hide you but try to settle the issue with all the concerned bank or Companies from where you have taken the loan. Ask them time but always remain in touch with them.

 

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1) Once case is filed in the court, you can request it to judge provide time frame to repay of loan as you are jobless. once you are employed than can pay the amount. For better settlement you have to pay initial amount to banks.

2) Court may check what are asset in your name.

3) When you receive notice from bank at that time you will come to know what time frame for repay amount is mention in it.

4) Court issues warrant when you are not accepting summons.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Hi,

You can expect a "Legal Notice" for Cheque Bounce within 30 days from the date the chque was bounced. In reply to Legal Notice, you can ask for time, however, it is up to the coplainant to accept your reason or file the case for cheque bounce, normally the case is filed.

The moment you recieve "Summons to appear" from Court in Cheque Bounce case, on first hearing apply for "Bail" through lawyer. You will have to appear on regular basis for the hearing in court alongwith your lawyer.

Legal Notice is compulsory for Cheque Bounce cases. If someone is filing a suit under 138 of N. I. Act without sending Legal Notice to a person, the person concerned can bring it to the notice of the court. You will have opportunity to settle with the complainant about the payment duration in court at any stage of the suit. In case you are proven guilty, you will be arrested. Try to settle the matter as soon as possible. 

 

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

The payee makes a demand for the payment by giving a cheque bounce notice in writing, within 30 days of the receipt of information by him from the bank that funds are insufficient. 

you can appear before the judge on the date and when the matter is called , you can just request the judge that you wish to settle the matter and to please send the matter for mediation, that on the very same day you can wrap up the case. 
you can be arrested for a cheque bounce.  But without an warrant from court, the police cannot arrest you for cheque bounce
As cheque bounce is a Cognizable offence under Section 138 of the Negotiable Instrument Act, 1881 and is punishable with an imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque.

 






Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

New cheque Bounce case lending company will have to approach to the court and well before that they have to send you a legal notice in in case of cheque bounce as you are defaulter in personal loan payments so they have to file a money suit against you they can file a criminal case to arrest you as well.

You need to speak to the landers in case there is any settlement possibility otherwise let it go as your outstanding is too high and let them go to  debt recovery Tribunal along with the case of cheque Bounce under section 138 of Negotiable Instrument Act.

The cheque Bounce case is now punishable and that is the reason that this mode of pressure creation is being made by the lenders

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. You can get notice within one  month from date of cheque bounce

2. See you can get time by contesting at first and at letter stage when you can go settlement and compounding but the court can impose interset and cost.

3.They will not arrest for cheque bounce if you are present before court on notice.

 

4. No court first give summons if on summons the person is not there bailable warrent if your fail to respond same also then NBW .

 

Sir donot worry about the recovery agents they cannot do anything

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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