• Summoned in court by Sbi cards

My husband is having sbi credit card because of some financial issues he was unable to pay on time for 3-4 months . In November we got a legal notice from sbi to which we were having no idea what to do we make some partial payment. And kept paying minimum amout of credit card. However few days ago he has received a summon to come to court. Please advise what should be done. If he pays to all the balance amount and respond to the company will this help or he has to go to court on the defined date.
Asked 6 years ago in Criminal Law
Religion: Christian

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11 Answers

See in court he has to appear though he can pay all the amount along with the penalty and interest and then can submit same before the court ,the court will ask them to withdraw petition then.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

How much is the amount ? As bank dose not file case so soon. And when you are alresdy making minimum amount , case not maintainable. Well, on next date appear in court and get the copy of petition filed by bank. This is civil case so no complications and matter will finish by paying outstanding.  Relax. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

he can pay the amount in full and can inform the court on the date fixed,

but,

the better option is to engage one prominent counsel (if the amount is big) and make a request to the court to reduce the due amount by deducting interest/panel interest/charges etc.,

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Your husband should pay the balance amount 

 

2) bank would then withdraw the case if full payment is made 

 

3) in alternative file detailed reply offer to make full payment 

 

4) file consent terms in court 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. IF you have received Court Summons, THEN you MUST attend court, ELSE the court will issue arrest warrant.

2. Pay the entire money via a demand draft, during court hearing. Do this procedure with the help of a local lawyer to represent you in court and ask your lawyer to file application to compound the court case.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello,

He must appear before the court and deposit the money there before the court. 

Please share the copy of the summon that he has received for a more concrete advise on the issue . 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Without seeing the summons or getting details about this no further advice can be given.

2. Form summons it can be known whether any civil suit or criminal case is filed.

3. if it is civil suit then you can contest it with time. If it is criminal case then you wil have to take bail asap.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your husband should must appear before court. 

If full payment made then bank would withdraw the case. 

The best solution is to inform the bank about your intention. Meet the Bank legal team directly in the credit card division. Explain them the situation & then talk to them about finding some settlement option. And based on the settlement option whatever suits you the best make sure to stay on the same. Dont again change the settlement option provided to you

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to show me the summons. Many credit card companies and bank cheat customer by threatening false court proceedings. If the said summons are actually from civil court then you can take an option to pay or contest the case

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Let him attend the court and see if there can happen for a settlement waiving the interest portion in the lok adalat.

You must have received notice from lok adalat where by mediation some amount may be reduced and one time settlement can be made, hence better ask him to attend the court on the date of hearing if he is willing to settle the matter once for all.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Dear client 

If you want to clear the dues you have to contact the company and make payment to  them what you have towards Sbi cards then there will not be any problem they will withdraw the case. But you should ask for written Assurance and receipt of the amount deposited by you. 

But If you want to settle it through court you hve to hire an advocate. And then you can pay the dues there and get the case withdrawn.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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