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mamta (service)     17 April 2009

Failure to payment of credit card dues

What consequences can be, if the dues on credit card are not being paid by the card holder bcz of inadequecy of funds available to him.



Learning

 4 Replies

Y V Vishweshwar Rao (Advocate )     18 April 2009

it will be treated as due amount and recovery proceedigns will be initiated by the Bank ,  the recovery  job is now being assinged to Agencies . The Agency will requst / demand and try to recover the due amount , if not recovered , thye  may   file  Civil Suit or may refer to  Arbitrator as per the terms  of the Agreement between the Bank and Card Holder !

mamta (service)     19 April 2009

what most adverse situation may be there, if the card holder is not capable to pay the dues and nor he is having any assets pay out the dues.

Y V Vishweshwar Rao (Advocate )     20 April 2009

 after the Suit is decreed the Bank may file  EP for execution of Decree by enforcign the following :-

1- Attachemtn of  Jdr Proerties , if available 

2- Attachment of bank Accoutns , if there is accoutn and money in the Account

3- Attachment of Salary , if the JDr   is eploye and gettign salary

4-Enforcementof the decreagaisnt guarantors  if there  are guarantors

5- Enforcement of the decree by imprisionment of the Jdr , if he  has proerties  and the DHr can show to the Court that Jdr has proerties and intentionally avoiding payment , if there ar are o proerties , the JDr can not be imprisioned

6- The mode of executiuon will defer from case to case

7- The  Recovery of Decreetal amoutn  defers from case to cae .

Even a decree is passed  the JDr should be in a postion to pay the Decreetal amoutn  as mentioend  aobve, if not  the decree can not be executed .

with regards

Prabhat Kumar (Advocate)     20 April 2009

A civil suit for recovery can be filed and the same may be decreed against the card holder.


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