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
Thank you responding sir, my question is I don't have so much to go for one time settlement as they are asking for 18 lacs for settlement. The other question is will the DRT court agree for EMI plan if I propose from my side considering I have to pay for my kids' school fees, pay rent and spend for my daily household needs and also pay the monthly EMIs for other 9 banks. Since I don't have any property or asset in my name apart for the PF amount which is also only employer share for 8 lacs. Will I end up in prison if I'm not able to make the payment in shot settlemen ?
Asked 10 days ago
Thank you for responding sir, I had another query. The DRT will.approach the employer directly only if I don't agree to pay right, here in my case I'm ready to pay 30k per month for 1 year and as soon as I close the other loans, I will increase the amount to 50k per month after 10 months. So my question is will they not give me an option or check with me as to how much I can pay monthly or will they directly pass the order ?
Asked 10 days ago