• Civil suit for Educational loan

I got an Educational Loan of Rs.232000 on 27/02/2013. I have finished my B.E (Mech) in 2016.
I worked as apprentice trainee for 1 year upto 2017.Now i am unemployed, I am preparing for competitive exams. Bank informed that my account have become NPA. I requested bank manager to give atleast 6 months time. But he refused and insisted me to pay 25% of Rs.2,84,276 ( as on 28/02/2019. Now i am in the worst phsae of my life. It is impossible to arrange that much of amount right now, because my sister met with an accident and undergone a surgery. Almost all of my family savings, including jewels have been used for my sister's surgery.
Now, bank manager said that they will file a civil suit aganinst me. My questions are, 
1.can i accept the suit and ask some time to pay loan in the court?
2.will it affect my future career?
Asked 6 years ago in Civil Law

3 answers received in 10 minutes.

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16 Answers

Pendency of civil suit woukd not affect your career 

 

2) you should contest the suit proceedings 

 

3) it woukd take years to be disposed of 

 

4) as and when you ha w money you can arrive at settlement with bank 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi, If the Bank has filed the Suit for recovery of money then you can contest the case and Normally the court will give time to repay the amount in installment. It is my kind advice try to convince the Bank or else you can contest the case.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Your career will not be affected by this Suite but of course you have to appear before the court that is debt recovery Tribunal and there you can request to the code to fix EMI for your loan in case it is accepted by the court then you have to pay the EMI for your loan to get it paid

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Let them file a civil suit. Don't accept anything. You need to contest the civil suit. You will get time to pay the same as civil suit take years.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Since you have taken loan you have no option but to repay the loan as per demand of the creditor. The financial problem you may have at this moment leading you to default to repay the loan is no excuse.

2. If ti is a civil suit then it is not going to affect your future . However if they file a criminal case of cheating then it may be a blot for your career in government job. 

Talk to them so they may agree for a lesser amount. Otherwise the court would grant interest and penalty along with principal sum of money standing due. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

1.can i accept the suit and ask some time to pay loan in the court?
Ans: Yes you can accept the suit, engage a good legal advocate and narrate the situation and ask for time to pay loan.

2.will it affect my future career?
Ans: Nothing will happen, Failing to pay a student loan, credit card, or hospital bill are considered "civil debts" andyou cannot be arrested for not paying your student loans or civil debts

When you do not repay a loan, it is reported to CIBIL as is. You will be sent reminders and notices for repayment. If you ignore them then your account becomes NPA in the books of accounts of the bank and then their laid down procedure for recovery of poor loans takes course.

Your CIBIL will be updated accordingly with the number of days your account has been unpaid and it will serve a serious blow to your credit standing. Your score will begin to drop massively due to which you will find it difficult to take any loan or credit card in future.

In case, due to any unfortunate circumstances, you are unable to make payments as per schedule then take your bank’s branch manager into confidence. Share with the bank the ground reality and ask them to restructure your loan that would allow you to pay a lower EMI.

Do remember, the bank may or may not revise the terms of your student loan. It is completely at their discretion.

Non-repayment can have long lasting repercussions and you would want to avoid them at all costs.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. See try contesting the suit it will give time as civil suit take time to settle in meantime you can settle with the bank.

2. It will not effect the career, the court can order attachment of the property and bank accounts. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You are bound to repay the loan. If the bank institutes a recovery suit against you, appear in person explain your situation and pray for extension of duration. 

If you fail to repay it will affect your career.

 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Yes you can apply to court for restructuring of the loan stating your current situation and you may get a favourable consideration by court because of it is an education loan and you are still unemployed. To strengthen your defence it is advisable to arrange some security for the loan amount of course if it is convenient to you.

It generally doesn't affect future career.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You must take up the matter urgently with Bank in writing that "you are willing for one time settlement and till the time no action to be initiated by the Bank". thereafter, you must negotiate with the Bank and mutually decide time of one time payment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Yes , you can tell in court that as of now you don't have job and need more time to repay for educational loan.

 

2) Here in this case your CIBIL score will get affected from this and in future none of bank will provide you any loan to you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Please meet the higher-ups in the bank and ask for time, expressing your current financial situation and also your intention of repaying the loan. Support your case with proper documentary proof. If the bank insists on any down-payment now in order to give you time, offer whatever the amount you can arrange without difficulty.The bank may agree to your request. If the bank refuses to grant you time and files a suit, enter appearance in the suit through a local lawyer, and pray for time in the court.

2. Yes, your future loan-raising may be difficult, as your CIBIL report ill be adverse.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

you have no option except to

1. contest the case and ask some time from the court showing your genuine reason for non payment

2. it will not affect your career

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. No profit at all.

2. Yes, of course because you are starting your career.

According to me at the time of taking loan you have gone with an agreement with bank and read that agreement carefully , you will find a clause there that you will start ;paying your EMI (1. After such and such period or after joining the service whichever is earlier after finishing your studies) definitely you will find some period there so don't try to fought with the bank always try to resolve the matter mutually and talk to the branch manager he will definitely co-operate with you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes, even court will pass order - judgement on admission. ample time you will get if recovery suit file.

No.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

.  It is better that the bank files a civil suit for recovery so that you will get time to repay till the suit is not disposed.

 

\It will not affect if you pay the same sooner the case is disposed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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