• Recovery of personal loan about six years back

I had taken a personal loan of 75000 rupees six years back. i repaid about 70 percent of the loan but due to bad financial circumstances could not repay the balance amount of about 29000 rupees including the intrest. now some recovery agent is harassing me and calling me that there is summons against me from the court. i have not received any written communication from the bank since last three or four years. can i be arrested without any legal notice.
Asked 8 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) suit would be barred by limitation if you have not payment within last 3 years

2) file any suit is filed you would receive summons

3) contact a local lawyer and file detailed reply

4) don't make any payment to recovery agent

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

Hi, Suit for recovery of money is ought to have filed with in 3 years from the date of last payment. So that time is expire they can't recover the amount from you.

2. If the recovery agent is harassing you then lodge a police Complaint against him.

3. If you received any summons form the Court then you can contest the case on merits.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Recovery agents do not serve summons. Court summons are served by the process server of the court. Unless there is a decree passed against you by the civil court, which you fail to honour, you cannot be imprisoned.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You cannot be arrested on this account.

It is purely a civil matter.

The bank has to initiate process through civil court for recovery of loan and cannot indulge in any illegal act for recovering the same.

Since the loan is barred by limitation the bank may not be able to recover it officially.

If the recovery agents trouble you again you may lodge a police complaint against them.

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

Ask a Lawyer

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