Personal loan defaulter

Mohit Sharma (Querist) 28 May 2013 This query is : Resolved
Hello Sir,

I'm a personal loan defaulter with ICICI and HDFC bank for the last 4 years. Due to some critical family situation, I could not afford to pay the loan amount. I had contacted a lawyer 4 years back who is handling my situation. Now, for all these years I never had to appear before the court but suddenly he called me up last week to say that this time I have to appear before the court because the judge wants to see me in person to affirm that I'm still in the country. He is also saying that I a criminal case has been charged against me long time back since I'm a personal defaulter and hence if I do not appear before the court this time a non-bailable warrant would be issued against me.

Now, my query is, how far are the above scenarios feasible and even if I appear before the court, how much chances are there for me to get arrested and what may be the other consequences, if any?

Need your urgent help, sir. I'm in a dire strait.

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Sudhir Kumar, Advocate (Expert) 29 May 2013
check facts and come with facts

prabhakar singh (Expert) 29 May 2013
It is not clear what criminal case is pending against you.

If there is any then you need to appear & surrender and seek bail from the court.

malipeddi jaggarao (Expert) 30 May 2013
Mere default of personal loan will not lead for booking criminal case against you by banks, unless you cheated them. It appears you are hiding the full facts. Instead of engaging an advocate to fight back the recovery claim, you should have requested the banks for One Time Settlement.Even now, you can do so by having a personal dialogue with the concerned banks. As regards your attendance in the court, if your lawyer advised that your presence is required by the judge, you better attend the court. Before that find out what criminal case is pending against you.