• DRT case for personal loan default

Hi 

I'm a working individual and I incurred some huge losses in share trading, bit coins and ponzi scheme which led to debts around 1.2 crore. I filed 5 FIRs which all were closed without any action after couple of years. I got into a situation where my EMIs where 3 to 4 times more than my salary as I had used my multiple credit cards, taken multiple personal loans from banks and multiple app loans. I had 30 accounts which i had defaulted and filed a case of insolvency last 2 years back which is still running in the court of law. In this last 2 years, i have cleared and settled 20 accounts and i'm still left with 11 accounts where I'm supposed to pay back or settle it and for credit cards i have been paying 5k per month, however i have a DRT case filed against me by HDFC bank in the month of Mar 2024. I took a personal loan of 50 lacs which had an EMI of 1.08 lakhs per month which i paid for 22 months and post that i defaulted as i couldn't pay due to the losses and multiple accounts getting defaulted. But before defaulting I had approached the bank twice to restructure my loan which the bank didn't agree for it and finally i had no choice but to default. Now they have asked me to settle the account for 18 lakhs as the current outstanding with interest is 35 lacs, but i don't have so much of money to pay them back and they are not ready to give me any EMI option. The DRT case next hearing is scheduled in the month of May. My question is what will happen in the DRT case as I don't have any asset or property in my name or my wife's name or my mother's name. The only source which i have is my salary, so will the DRT give me an option to pay monthly EMI as I have other bank loans, credit cards and ODs which i need to pay monthly or will they pass any order. I want to know what worst can happen in my case so i'm mentally prepared for it. I have tried debt consolidation loans, but none of the banks are ready to provide any because of my current cases running and settled acounts.
Would appreciate your expertise and advice on this.
Asked 11 days ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

You have an insolvency case pending disposal. During the pendency of an insolvency case, any legal action to recover debt, including the borrowed loans, is stayed. This means creditors are temporarily prohibited from initiating or continuing any legal action against the debtor. The purpose of this moratorium is to allow the debtor to restructure their debts and explore resolution options without the immediate pressure of legal action.

As far as pending DRT  case, if you default on a loan and have no assets to repay the loan amount in a DRT (Debt Recovery Tribunal) case, the bank may proceed with recovery actions, which could include taking possession of secured assets if any, and ultimately selling them to recover the outstanding debt. The DRT may also issue orders to compel you to repay the loan, and if you fail to comply, the bank can potentially pursue further legal avenues for recovery, such as wage garnishment or seizing other assets if they can be identified. 

You can also try to negotiate a One-Time Settlement (OTS) with the bank to resolve the issue. 

Once you lost the DRT case you can do nothing. The Bank will take it own course for recovery of money. You cannot appeal.

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

If you don’t have any assets it would be difficult for bank to recover the loan amount with interest 

 

The court can order the attachment of a portion of the salary, with exemptions for certain amounts, and the attachment must be served on the employer, not the bank

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

only one-third of the salary can be attached, regardless of the total amount. 

 

 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

You can offer to pay 30 k per month and later increase it to 50 k per month .DRT can pass orders based on your offer 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

Debt Recovery Tribunals (DRTs) can pass orders for debt recovery, and while they are primarily focused on enforcing the repayment of debts, they may also consider a defaulter's economic circumstances in their decision-making. However, the primary focus remains on the recovery of dues owed to banks and financial institutions. 

The DRT may take into account the borrower's financial capacity and ability to repay the debt, when deciding on the terms of repayment or granting a debt restructuring plan.

In essence, while the DRT is empowered to ensure the recovery of debts, it also has the flexibility to consider a defaulter's economic circumstances in its decision-making process, particularly when it comes to devising repayment plans or restructuring debt. 

you may present your side situation to convince the DRT accordingly and place your proposals with the evidences of your poor economic background and await the orders. 

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

There are no properties in your name, neither in wife’s or mother’s name. Not even God can recover anything from an insolvent. No lender will sent a borrower to imprisonment, coz the  lender has to pay the  jail expenses of borrower which  are quite high.

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

 

  • EMI Proposal:
    You can propose an EMI plan (e.g. ₹30k per month for a year, then increasing later) to the DRT, backed by detailed financials showing your hardships (kids’ school fees, rent, other EMIs).

  • No Jail for Default:
    Loan defaults are a civil issue. You won’t be imprisoned unless there’s evidence of fraud or criminal conduct.

  • Employer Involvement:
    The DRT may consider your EMI plan if you offer a credible repayment proposal. However, if you default on a court‑ordered plan, the bank can seek wage attachment from your employer.

 

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

You need to go with mutuall settlement with bank and seek conditions favourable to you with emi. If bank agrees drt will agree

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

You are referring to garnishee proceedings, i.e., recovery of the debit amount from the salary through the employer.

With regard to the recovery of debt determined by the DRT, after the issuance of the Certificate of Recovery, there are two different modes of recovery stipulated in Sections 25 and 28 of the Act. The recovery of debt is not limited to recovery from the actual debtor to the bank or financial institution but is extended to recovery from other persons who are indebted to the debtor called "third party debt orders" or "garnishee orders". Sub-sections (2) to (4) of Section 28 are in the nature of garnishment proceedings. A garnishment is a proceeding by which a diligent creditor may legally obtain preference on other creditors by sequestration of the effects of a debtor in the hands of his debtor

If a court is passing an order to recover the amount from the  salary through the employer, i.e., by a garnishee order, then a garnishee order  cannot exceed 50% of a debtor's monthly income. This is to ensure the debtor has enough income to meet basic needs. There are also exemptions for certain types of income like minimum wages.  

Therefore you may wait for the court judgment in this regard and plan further steps accordinlgy.

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

- As per the RBI, the bank should give proper time and offers for the settlement of loan amount.,  on the ground of health and sudden loss 

- Since, there is no property in your name for attachment then the Tribunal can order for the attachment of the salary per month. 

-  However, even if there is any property in your wife name then it will not come under the attachment for the recovery of loan which you have taken from the bank, if she is not a guarantor 

- You can mention before the DRT that the salary is only a source of your livelihood and hence only 1/3 should be deducted 

- Yes , the DRT can approach directly to your employer , if you will not agree for the same. 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

Ask a Lawyer

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