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Smita_L01042008 (student)     21 May 2010

Recovery of credit card debts

Can anyone guice that what are the option of litigation to a bank for recovery of credit card debts



Learning

 4 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     21 May 2010

first sending legal notice from the bank and there after filing recovery case.

Smita_L01042008 (student)     22 May 2010

thnaks for the prompt reply.

 

1. can you suggest that what type of litigation the bank can initiate against the debtors if they are failed to pay the debit even after sending legal notice.

 

2. is there any limitation period for initiating legal proceedings?

 

3. is there any remedy under banking laws to help banks to make such recoveries?

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 May 2010

1. can you suggest that what type of litigation the bank can initiate against the debtors if they are failed to pay the debit even after sending legal notice. :

WELL IF AMOUNT IS LES THAN RE. 1 CRORES, THEN LITIGATION WILL BE OF SUMMARY SUIT OR RECOVERY SUIT UNDER CIVIL PROCEDURE CODE

2. is there any limitation period for initiating legal proceedings?

WITHIN THREE YEARS, OF ARISING CAUSE.AND WITHIN 30 DAYS OF SENDING LEGAL NOTICE 

3. is there any remedy under banking laws to help banks to make such recoveries? UNDER DEBT RECOVERY DUE T BANK I.E. DRT ACT: THERE IS A TRIBUNAL SETUP FROM  WHICH  BANK WILL HAVE TO APPROACH BUT I SUPPOSE THERE IS A CONDITION THAT BANK DUE TO BE MORE THAN ONE CRORE.

KINDLY CHECK DRT ACT.

Regards


 

Smita_L01042008 (student)     24 May 2010

Thnks alot for your prompy reply


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