Non payment of unsecured loan Non payment of unsecured loan

7 months ago

What will bank do to me if I don't pay unsecured loan

Legal Counsel Vidhikarya

Responded 7 months ago

View All Answers
A.Dear Client,
If a loan has not been repaid for more than 180 days, the lender is allowed to file a case against the borrower under Section 138 of the Negotiable Instruments Act of 1881. The defaulter of an unsecured loan may face severe consequences, including a negative impact on your credit score, legal actions by the lender, collection attempts, and strained relationships with co-borrowers. Lenders are allowed to file a case against you and send legal notice to the loan defaulter under Section 138 of the Negotiable Instruments Act 1881. The lender will report your loan account as a non-performing asset (NPA) to the credit bureaus(CIBIL), which will severely affect your credit history and bring down your credit score. Moreover, if the lender finds you are a deliberate defaulter, they can proceed with criminal charges under Sections 403 and 415 of the Indian Penal Code, 1860, As per RBI guidelines, defaulters are allowed to restructure their loans and make smaller payments, which can help them get back on their feet financially. So, considering the demerits and impact of legal consequences, you need to settle and resolve the matter with the Bank amicably at the pre-ligation stage. Further, a quick counseling session with a certified credit counselor can help you to discover your options and choose the right path forward to resolve the crisis.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

View All Answers
A.Dear Client,
When you take out an unsecured loan from a bank, you enter into a legal agreement to repay the borrowed funds according to the terms and conditions outlined in your loan agreement. If you fail to make payments on an unsecured loan, several actions can be taken by the bank:

Late Payment Fees: Initially, the bank is likely to charge you late payment fees or penalties for missing scheduled payments. These fees can vary depending on the terms of your loan agreement.

Reporting to Credit Bureaus: Banks typically report late or missed payments to credit bureaus. This can negatively impact your credit score, making it more challenging to obtain credit in the future.

Collection Calls and Letters: The bank or its collection department may start contacting you via phone calls, letters, or emails to remind you to make payments. They may attempt to work out a payment plan with you.

Legal Action: If you continue to default on your loan, the bank may take legal action against you. This can include filing a lawsuit to recover the outstanding debt. If the court rules in favor of the bank, it may result in a judgment against you.

Asset Seizure: In some cases, if you have assets that can be used to repay the debt, the court may order the seizure or sale of these assets to satisfy the loan.

Garnishment of Wages: In certain jurisdictions, if you have a judgment against you, the bank may seek to garnish your wages, which means a portion of your salary will be automatically deducted to repay the debt.

Negative Credit Impact: Late payments, defaults, and judgments can severely impact your credit score and credit history, making it difficult to qualify for future loans or credit cards.

Settlement Negotiation: If you are unable to repay the full amount, you may be able to negotiate a settlement with the bank where you agree to pay a reduced amount to satisfy the debt.

Bankruptcy: As a last resort, some individuals facing overwhelming debt may consider filing for bankruptcy. Bankruptcy can have long-term consequences for your credit and financial life, so it should be considered carefully and only after consulting with a bankruptcy attorney.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 7 months ago

View All Answers
A.Dear Sir,
They cannot do anything if you have no movables. You must hide your address and abscond. The public amount cannot be given as unsecured loan. After few years your loan will be written off as bad debt.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRepayment of loans and credit cards
Dear Client, Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing wheth...
question iconMultiple unsecured loan defaults
Dear Client, Once a borrower fails to repay his debt, the Lenders/FIs initiate a routine course of action for recovery of the loan/debt from the borrower following the provision under the SARFAESI Ac...
question iconUnfreeze
Dear Client, Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating tea...
question iconFor bank loan
Dear Client, the loan amount must be repaid by the legal heirs of the deceased or the nominee by the deceased if the assets would be frozen by the bank. there is no other legal remedy to non payment
question iconBankruptcy and Debt
Dear sir, You may join any reputed NGO and render your personal service where you can get at least free accommodation and boarding.