Advocate Sanjay Maini

Questions Answered by Advocate Sanjay Maini

Q: What to do if sister come back to India without paying CC bills

My sister is having total credit card debt of 75000 $ belonging to multiple banks in USA. She was working in USA on H1B Visa. . Her VISA got expired and she doesn't has any plans/opportunity to come back to USA. And she can't pay this amount. Please answer:- 1)My sister's permanent address was on her passport and must also with the bank since she gave the passport copy at the time of opening the account. Can the collection agencies reach my sister on her permanent address in india ? 2)My sister still works with the same US MNC in india .Can her employer (US MNC) take any action against her due to this debt in USA? 3) India is not a signee of Hague convention on foreign judgments in civil and commercial matters. So ,any civil judgment passed in USA shouldn't be valid in india. Can there still be any legal action in India due to this debt in US? 4) Will there be any option for settlement on partial amount ?

Advocate Sanjay Maini answered
Collection agencies may or may not be able to reach your sister's address. But, the police one day may finally reach your sister place. If the banks in USA write to the MNC she is working for, the company may write to the Indian Company. Employer will refer to the terms and conditions of the employment and then decide course of action. India may not be signatory to the Hague Convention on foreign judgments, but there are host of other treaties in place between the two countries, and which can potentially govern this issue of enforceability of the judgment in a foreign territory. Option of partial settlement of the amount is at the discretion of the bank.

Q: What to do on unauthorized credit card payment charge

Hi team, My wife has just been charged for a no show hotel fee. She rang Holiday Inn Hemel Hampstead to do a booking for hotel room for the 14th of September. She initial mention my IHG membership number (I am a member of IHG Group) to see if we can get a discount. But we found out that it didn’t work out cheap. So she did the bookings in her name using a wedding discount code. She called them back few days later to book for a second room (for my parents). We arrived at the Hotel on the 14th of September very late in the evening, however, we called up about 2 times to let them know we are still coming and on the high way due to traffic. We paid for both rooms with separate cards (my wife used her debit card to pay for two nights and my mum did the same with her card). I was asked to sign one of the forms only during check-in. She received her bank statement yesterday indicating a charge on her credit card, which was never presented, she was charged for a no show reservation.

Advocate Sanjay Maini answered
You need to take this matter with the hotel first. They have charged you for a no show reservation. If that is not the case, they must refund you the amount by reversing the entry. If they do not reverse the entry, the bank will insist on the payment come what may. It is further suggested that you take this matter with the hotel as early as possible, the better it would be.

Q: Cheat tried to retrieve money for the cheques blocked

This case happened in 2004 whereby my brother who lives in USA ( and had an NRI bank account in India ) had sent some signed blank cheque's to my mother via courier. As the courier didn't reach so we got skeptical and approached our bank. We told the bank that anyone who tries to use the cheque's should not be allowed to retrieve any money. As the courier person approached the bank and tried to retrieve the money then he was apprehended by the bank officials and handed over to the police. We said we don't want to pursue any case since our money was safe. Now after so many years we have received summons to appear in court. Please advice me what should we do. Do we need to hire a lawyer or any do we simply go there and answer what is asked by the lawyer and judge?

Advocate Sanjay Maini answered
You appear to be a complaint or a prosecution witness in the case. In either case, if you don't appear before the court, the benefit will be given to the accused. If you are a complainant in the case, your absence may even lead to acquittal of the accused. You generally don't require a lawyer to represent yourself as a complainant or as a prosecution witness. If you visit the court and adduce evidence, you may be cross examined by the defense, There is absolutely no reason for you to panic and you can decided this at your convenience.

Q: Remedies for the legal notice of nonpayment of credit card debt

My son got a notice from bank for non payment of credit card he is 21. He used the card for 20,000 bank has made the amount 55,000 with interest. They sent a legal notice from a lawyer on email we never received anything in post my son met with an accident and is on bed rest so he is jobless and we can't pay the bank anything for 1 month atleast till he start job. Please advise

Advocate Sanjay Maini answered
Very sorry to hear about your son's accident. I wish him a speedy recovery. The legal notice sent by email is valid in law. You can speak to the bank on behalf of your son, and try negotiate this amount. The interest charged on the outstanding credit card is very high and can go up to 36% to 42 % per annum. Speaking to the bank is the only solution. You should attempt to buy some time from them. If your intentions are honest the bank should agree.

Q: How to correct date of birth in all the documents starting from 10th

My date of birth in date of birth certificate is 1/11/1999,but in all documents it is 26/01/1996.i want to change that 1996 dob,I completed my 10th in 2011and 12th in 2013. How can I change

Advocate Sanjay Maini answered
I am surprised what have you been doing all these years. What has been your date of birth in all the school documents. Is your 1999 birth certificate prepared digitally or manually. You need to have a very close look at all the available documents with you and have an assessment of the entire thing. Use the services of a lawyer to get this rectified.