Credit card limitation Credit card limitation

3 months ago

Can a bank claim as credit card due amount after a lapse of 20 years

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear Sir,
Any claim must be within a limitation period of three years from the date of last transaction. But in India the Bankers especially the Recovery Agents on behalf of Banks recovering outdated loans. You may resist the same.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
In many jurisdictions, the statute of limitations applies to debt collection, limiting the time during which a creditor can legally pursue repayment. After 20 years, it's likely that the statute of limitations has expired, making it challenging for the bank to claim the credit card due amount. However, laws can vary, and it's advisable to consult with a legal professional to understand the specific regulations in your jurisdiction. Additionally, consider checking your credit report to confirm the status of the debt and seek legal advice if the bank attempts to collect after such a significant lapse of time. Understanding your rights and the applicable laws will help you navigate this situation more effectively.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In India, the Limitation Act, 1963, sets specific time limits for different types of debts. The concept of time-barred debt refers to the limitation period during which creditors can legally pursue the recovery of a debt. The limitation period for recovery of debt under a simple contract is 3 years from the date on which the debt becomes due. Each debt has a time limit. A debt becomes statute-barred after a certain amount of time. Each state has a different statute of limitations on debt, and after it has passed, a debt collector cannot legally pursue you for repayment in court. Debt collectors may, however, continue to pursue old debts even after the statute of limitations has run out in many locations. The statute of limitations starts to run after three years if the lender can obtain a borrower’s acknowledgment of the amount owed. Consumers are covered by a variety of rights when it comes to debt collection efforts, especially after the statute of limitations has run out. The law may be on your side and declare the money you owe to your creditor as statute-barred if your lender doesn’t pursue you for any unpaid debts within a predetermined period. Although you might not have to repay the debt, your creditor is within their rights to pursue you for it because doing so could help your credit report. Failure to pay debts back will leave a mark on your credit reference file and make it more difficult for you to obtain credit at a reasonable rate of interest in the future, even for statute-barred debts. You may consult with a certified credit counselor for further guidance and steps to resolve the issue in the right way.
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