Legal Question in Credit and Debt Law in India

My husband had Hdfc credit card,from last two years he was paying minimum due but after jan2016 he was in able to pay minimum due. Few days back I received a call from credit card collection person and asked me to tell my husband to call him.two days later a police constable came to our house and asked me for my husband and said that he has a warrant against my husband and asked me to call some advocate. After talking to advocate it came to our knowledge that there is a legal proceeding against my husband from Hdfc credit card. But in past four months we have not received any legal notice at our door or on personal mail I'd. We do not had any information. As top of it advocate told us to pay 10000/- on the same day.we paid 4000/- and asked to pay remained amount in the month end.

Now I have this question if that constable came with warrant for my husband why he left without talking to him and just gave me contact number of advocate. And even did not gave me any copy of warrant. Even did not came back to see my husband.


Asked on 5/28/16, 5:31 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.05.2016

Dear Madam / Sir,

A warrant is issued by the Court and not by the Police. It is advisable and recommended that you lodge a written complaint of this incident with the Bank, negotiate, settle and close the card immediately.

Regards,

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Answered on 5/28/16, 5:42 am

1) U gave Rs.4k to the advocate whether u obtained any receipt is not clear.

A Warrant will be issued by the court not Police.

2) Immediately narrate the incident and lodge a complaint to the Police,

also to Bar Council against the lawyer who received the amount.

3) Also find out from the Bank obtain statement of a/c, verify the details

go for OTS and close the matter.

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Answered on 5/28/16, 6:34 am


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