Legal Question in Banking Law in India

Payment of Credit Card Bills

What kind of actions can take by the banker if not paid the bills of a credit card? Can it take legal action? any rights over the the estate (properties) of the card holder?


Asked on 6/22/07, 2:38 am

3 Answers from Attorneys

kavitha balakrishnan kpp associates

Re: Payment of Credit Card Bills

normally the bank will call upon you to pay the bills by a legal notice and after that if you have given any signed negotiable instrument they would act upon that - if your credit card was cleared by esc (of the same bank or other banks ) they may get it cleared through it. finally through court -by due course of law- the amount would be realised - with interest, additional interest, surcharges and costs! -- consult a lawyer!

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Answered on 6/22/07, 4:51 am
J. Radhakrishnan independent Practice

Re: Payment of Credit Card Bills

For dues on credit card, the card issuing Bank can certainly take legal action against the defaulter. If there is credit balance in any account with the same bank, the amount can be set off. If there is no such fund, it can file a civil suit for recovery. In such a suit, it can seek attachment before judgment of the property, if any, of the defaulter which the Bank might have come to know.

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Answered on 6/22/07, 9:12 pm
G. M. Gupta gmguptaandassociates

Re: Payment of Credit Card Bills

it can file suit for civil recovery and if got good advice from good lawyer then they may create some more trouble but as they dont spend much so they file only civil recovery if its a big amount otherwise they will make it a big amount and will file the case only then.

what the bank will do ... depends on the amount you have to pay. you can save urself if the amount is small or if u think that they have levied illegal charges but u need to take steps for that

For further and detailed consultation/advice you can consult me. consultation charges will apply.

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Answered on 6/26/07, 12:53 pm


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