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abhinav (MGR)     14 February 2014

Lawyer help needed

hi

my wife to whom i got married a year back had taken a personal loan in 2006 under her name  for an amount of 95000 for 3 years upon pressurization from her first husband, her husband made the payments on the loans for 6 months and then they got divorced because of her first husband cheating on her. She never followed up on the loan case after that

now after 8 years i got a call today from a lawyer claiming that the will be filing a non bailable warrant against my Wife, and that cops had visited her previous address. we have not received any phone call or letter from the bank before this at my current address where we have been for 6 months and suddenly the Lawyer knows where my wife works, where i work, and information about my parents as well, surprisingly her family and parents who are still in mumbai, and all her documents still point at their address have received no calls or letters, there is only a handful of people who know that my wife is actually working now, the lawyer who called said that if i make an immediate payment of 50930 the case can be withdrawn, he also gave me the cell phone of a back associate and asked me to speak to him, when i called on the number, the person on the other side said that the named associate from the bank has not come to work.

this is the current background,

here are my queries

1. the lawyer mentioned Section 138, but did not mention anything about a cheque bounce, can a cheque be used here after 8 years of first issuance, my believes she might have given a cancelled cheque, or a non dated cheque

2. what documents can i demand in this case, 

3. i believe a non bailable warrant can be issued only if my wife did not go to court on summons, can such previous summon be demanded from the lawyer

4, the bank associate (when he called my wife in the evening) is now also willing to a final settlement even on the adjusted amount. 

my wife uses a phone number registered to my name, and yet the lawyer knew which number she is using out of the 2 numbers i have registered to my name, and only a select few people in our known circle know the name of the salon she is working for (like 3/4 people) and yet the people who called knew where she was working, and the address of the said salon, is this a fraudulent call?



Learning

 2 Replies

The Law Forum (CEO)     14 February 2014

If the matter is related to non payment of loan and agree it is from your end, then indeed this is no fraudulent case. However other info provided is totally absurd and you need to take a view on it. If it is genuine and within your pocket reach you can qualify for it. Check the status of the matter as such you are in the loop, but do not worry ... straight away deal with it and close the chapter.


You have seen scams, frauds and cheats for thousands of crores but nothing happens to them, because you should understand law and live in this life rather than more into lifestyle. Believe it, we are living in India, and judicial system is such, but onus you have to be brave and challenge it. No one is going to take your life. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 February 2014

Dear Querist

no need to worry, this call will be from collection agency of Bank. it will be better to contact bank directly and get the information regarding the Loan and try to settle the matter amicably. the cheque can not be present after long period of 8 years.

you can contact a lawyer too for assistance.


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