Credit card default and Bank loan non payments results in criminal charges

[Ramesh]

Hello Sir,

I had a credit card, I could not pay the monthly minimum for it because of financial and personal problems from past 1.8 yrs.

The bank invalidated the credit card and sent lawyer notice to settle the matter outside court by paying the total balance at one shot.

I dont have a job now and my current financial situation is very dire majorly because of disruption in my personal life because I was accused of Rape and sent to Judicial custody. Even though I got out on bail, my financial situation is very dire.

But before that incident I have been using that card from past 8 years and I have kept the balances in check.

Similarly I had taken a personal loan and they have also been persuing me legally to get back their loan amount.

Since I do not have a job, I can not contact them without any collateral or any promise to make payments from certain days onwards, that’s why I have not contacted them yet.

The lawyer firm from the credit card bank sent a notice saying that the bank has given them permission to take legal action on me.

Sir, my questions are
1. Will this result in criminal case ?
2. Can they file a FIR and arrest me ?
3. Can police contact me and ask me to come to police station or arrest me and take me to police station ? What should be my ideal response to the police if they arrest me or call me over phone ?
4. Can they send me to jail for not paying the amount ?

Thanks in Advance
Best Regards
Ramesh

[Dr. Ashok Dhamija]

Generally speaking, credit card default and non-payment of bank loan would not amount to criminal charges. It is basically a civil matter for which the bank may file a civil suit to recover the amount or take action as per whatever other remedy is available to them for recovery of the amount, such as under the SARFAESI Act, if applicable in the fact situation of the case.

However, if there are some additional facts in a given case, which attract the ingredients of a criminal offence, then it is a different issue altogether.

Rest of your questions are hypothetical. If a criminal case is made out, then definitely, depending on the nature and facts of the case, FIR can be registered and arrest, custody, etc., may follow. But, in the given facts, your question is hypothetical.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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