• Unpaid bank load & credit card debt

Hi,

I have an unpaid bank loan of 3 lakhs and credit card of 1.5 lakh. I am unable to pay it at the moment as I am still in the struggling phase abroad in NZ. Its been 3 years. If they file a civil case will I be denied my Police clearance certificate?

Thank you.
Asked 4 months ago in Civil Law from New Zealand

claim of bank would be barred by limitation if no civil suit is filed within period of 3 years of non payment of dues 

 

civil suit does not affect your PCC

Ajay Sethi
Advocate, Mumbai
68148 Answers
4114 Consultations

5.0 on 5.0

Nops, in PCC only criminal case is verified. Neither pendency of civil case ground to refuse VISA/PP.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

Dear Queriest

Request to clear the dues.

Civil case is not a police matter.

Police clearance will involve any criminal matter pending against you.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Yes

they can follow you even in a foreign country

if a case is filed against you, then you will have to disclose about the same in your application to the Visa authorities

Yusuf Rampurawala
Advocate, Mumbai
4586 Answers
28 Consultations

5.0 on 5.0

For filing a civil suit there is no problem to get a PCC.

However in the event they file any criminal case like case of cheating and FIR is registered out of it then getting PCC would become difficult.

Hence better remain touch with them , negotiate on the amount to be repaid and repay the money in installments.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

No your police clearance certificate will not be denied on civil liability only criminal case will make you deny that

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

No in civil case pcc is not denied only in case any criminal proceeding is pending the it will.cause some issue.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

No. It's not a civil case against you a criminal case can be filed.

 

So try to contact to bank manager and get sorted this issue on your level and ask them to create low EMI.

Ganesh Kadam
Advocate, Pune
7988 Answers
68 Consultations

4.9 on 5.0

Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
1805 Answers
1 Consultation

5.0 on 5.0

Bank will not prosecute you if you approach the bank and explain the entire situation and ask for more time. If you don't approach a bank voluntary the relationship might turn soar and it can declare you bank corrupt and seize your existing assets or if you have given any guarantor name than bank will approach them too. Otherwise it is advisable to approach for loan payment extension.

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

If they file a civil case for recovery of money it will not come under criminal law for an offence defined in it accordingly.

Hence there is no question of police clearance certificate.

However since you are already there at New Zealand, what is the necessity for a fresh police clearance certificate in India again?

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

1. Civil case will not creat any immigration problem for you but if any arrest  warrant is finally passed against you for not complying with the order passed by the Court based on the execution petition filed by the bank, then you will have probolem in getting the Visa or getting te passport renewed.

 

2. Submit a one time settlement proposal to the Bank to get rid of the problem once for all at your terms.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have taken the money which must be given back to the bank for sure.
  2. But as you have stated that you are in struggling period, let me inform you that they will surely be filing a civil suit for recovery of money from you or from the property if you happen to have in your home country.
  3. But, that will take some months or to some years also to come to the conclusion.
  4. So, before anything happens to your status you can have the option to collect the money and then pay at the later stage of the case, buyer surely no criminal case would be there against you as the transactions are of purely in civil nature.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

Dear 

A civil case doesn't have any effect on the police clearance certificate as the certificate is only for criminal case against you. 

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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