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Ratna Surekha (Un-employed)     27 June 2013

Seeking advice

Dear Respected Lawyers, 

Good Morning, 

Trust this email finds you in good spirits.

While looking for some advice from a lawyer on a financial matter - I thought of seeking your opinion on the following issue.

A person who has borrowed a loan from  a bank / or taken a hand loan from an Individual - able to clear the some of the amount as long as he / she was working; now that he lost the job 6 months ago and just joined a new job last month only- and now that he/she seeking time from the lenders in order to stabilize the financial situation. 

Where as the lenders (be its bank or individual) are forcing and harassing the borrower for the rest of the money despite of witnessing their financial and family situation. 

The non-stop harassment from the borrowers by phone calls / sending text messages/ visiting home and shouting at the family members - is really creating lot of mental agony for the family members and leading to severe health problems.  

All is needed is time - to think and plan the repayment. 

It's not that the borrower did not pay anything - paid between 40%-60% of the total amount and all that needed is time to pay the balance and not to be harassed in the mean time.  

Given the situation, can we take the help of lawyer / court to send them any notice seeking time. 

No intention of escaping from the loans.. the lender is completely aware of the circumstances.. it's just that money was given long time back, he (the lender) lost the trust (though after receiving part payment).

If yes, can it be done just with the help of lawyer and court without the intervention of neighborhood police. 

Please advice if the borrower can seek the help of lawyer in this situation. 

Thanking you.



Learning

 3 Replies

Kundan Kr. Singh (Advocate)     27 June 2013

Bank  cant do this type of activities for recovery the loan amount. This is against the  supreme court judgement .You can met Senior officer of concern bank and discuss the matter and if bank is not doing any thing write a complaint against bank official with Banking obdsmen or Reserve bank of india.

Avinash Kadam (Accountant)     27 June 2013

Dear respected Lawyers,

Good Morning!

I have lend Rs. 100000/- to my freind, I have made agreement with him in respect of loan, Right now he refused to repay the said amount, He is not picking up my phones, He is staying at Usmanabad and I am Staying in Mumbai, Please help me how to recover such Amount from that Friend, If I have to file the suit, Where shall I file the suit, and what procedure should I adopt.

 

Thanks & Regards

Avinash Kadam

Kundan Kr. Singh (Advocate)     27 June 2013

Mr.Kadam contact any local lawyer or  send legal notice and file civil suit against  this person at Mumbai court.


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