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Father receiving summons for vehicle loan as he signed as guarantor


04-Aug-2023 (In Civil Law)
sir, my father signed the documents regarding gurantor of vehicle loan of one of my relative now , my relative is not paying his dues so a summon from court is issued to my father. what should we do because at the time of signature they didnt mention the consequences and also my father is not educated .
Answers (5)

Answer #1
630 votes
Please do not miss the court date since you will be in default. Kindly hire a lawyer who will pray to the court that your father is old and don't have sufficient means to pay for loan and I am sure court will find a solution to save your father. In case you need any further assistance please feel free to contact me. Regards Advocate Anupam Kumar Mishra.
Answer #2
1000 votes
Hello,
In this situation first of all you should join the proceedings of the court and also engage a lawyer to file reply on behalf of your father as if you lose the opportunity so the court may pass order against your father.
In this query, you have not appraise the exact position of the matter as rest depends upon the situation of the case.
Hence, u r suggested to meet face to face to discuss the matter.
Answer #3
812 votes
hi
Giving guarantee will have severe issues like you are facing . Finance company have full right to proceed against guarantors
Make the original borrower pay , help the finance company recover the vehicle .
Answer #4
927 votes
The bank has an option to take possession of the vehicle to clear the debt. Anyhow if your father is uneducated than you can take this ground. For assistance you may contact us for an appointment for detail discussions.
Answer #5
997 votes
As your father is a guarantor in loan, bank has full right to secure the loan from your father in the event of default.

However, you must secure your father legal rights by filing timely response in the present case taking a plea that your father is un-educated and has been cheated by your relatives by suppressing the material facts. Not only that, you should also cooperate by joining the legal proceedings with bank to get the money recovered from your relatives.

You can take a help of lawyer in getting the reply ready and also in devising the proper strategy.

If you have any questions or assistance in this matter, please do not hesitate to contact me..

Thanks and Best Regards,

Amit Mehta | Managing Partner
Sai & Mehta | Advocates & IP Attorneys

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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