Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 28 April 2021
1. Card Co. is legally entitled to file Criminal Proceedings against its defaulter Credit Card subscribers. There is no exception to this, including time limit.
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Advocate Bhartesh goyal (advocate) 28 April 2021
Better make the due and outstanding balance to bank else bank may initiate criminal proceedings against you which has no time limitation.
Sankaranarayanan (Advocate) 29 April 2021
yes it should be claimed within 3 years .
Pradipta Nath (Advocate) 29 April 2021
Firstly it is for the card company to choose their course of action, whether to file criminal or civil case against you!
Secondly, if criminal case is filed, there is no time bound.
Lastly criminal liability doesn't depend upon secured or unsecured loans. It depends upon the facts and occurrence. In case court take cognizance, you are ought to defend it!
Better to pay the outstanding or go for any settlement scheme.
G.L.N. Prasad (Retired employee.) 29 April 2021
You can not expect any reply that suits you and shows the way how to evade repayment of dues to a financial institution. It is the duty of citizen to repay the dues to a financial institution as FI has not advanced the amount from it's coffers and it is the money of the general public that is involved. There is no limitation period unless the loan is disputed with such facts in reply to such recall notice. If the dues are sold to outside agency, then you will realize that you have done a mistake. The tactics followed by recovery agents (outside) are brutal.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 29 April 2021
I do agree with Shri G L N Prasad.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 April 2021
Legal action can be taken in case of credit card payment default. This can be made into a civil dispute and the case can be filed in the court of law.
Dr J C Vashista (Advocate) 30 April 2021
Credit card is a facility provided by financier to its customers on certain terms and conditions.
Limitation of 3 years is there from last transaction in your account.
It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
Satrajit Ray 08 September 2024
Can bank or recovery agency pursue a credit card payment which was due, after 18 years? my father has received a Lok Adalat notice to appear for court for a non payment of credit card 18 years back,, what can the recovery agency or bank do after 18 years .. What is the limitation act 193 which says bank cannot take legal action after 3 yeas of non payment of credit card dues , is this true ,, is it applicable in my fathers case he has had three cerebral strokes since 2007 and was not in a position to repay the loan in all these years ... can some one please help me with this
The bank fif not send any legal notice or lok adalat summon within 3 years of non payment of dues ... my father was in no position to pay back .. now after 18 years he has received a lok adalat summon to make payment of 4 lakhs 20 k ,, the persons name and number in teh letter mentioned is not sharing any details related to the card like statement , also not sharing his identitiy or the authorization letter given by ban ,, also saying even if we go to lok afdalat they will file civil court case and go into arbitration , seize our house if we cannot pay and aso seize my fathers pension account ,, are we supposed to appear for lok adalat ? he is not sharing any email id for communication either ... can bank take legal action after 18 years of non payment of credit card dues ?