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Remedy against the sign obtained by fraud or coercion
09-Jun-2023 (In Civil Law)
My father was duped into signing as a guarantor on a truck loan, he is a truck driver by profession and is uneducated, the company for which he drives the truck's owners got him to sign on loan papers without telling him whose truck it was, apprantly they did this to recover money from a person and the bank is now sending us the summons, we are a very poor family my dad cannof read or write in english and he told us he only signed the paper twice but in reality the loan papers have to be signed multiple times. He was tricked into doing this, the bank is demanding 8 lacs and the company owners are always giving us excuses that they will sort this matter out, my father signs in punjabi and he is illiterate. Please tell me a way to get out of this situation.
In principle, the creditor (bank in this case) cannot be compelled to, first, act against the principal debtor and, only then, act against the guarantor. It is the creditor's choice who it chooses to act against. This is the position of law.
However, if you say that the documents of loan are incomplete and the legal formalities are not taken care of, your father can move the civil court stating that he is not the guarantor in the eyes of law and the bank be directed not to act against him in the given circumstances.
Even otherwise, he will have to file a civil suit so as to prove that he was duped into signing the papers without the complete knowledge thereof.
Helpful?
Adv. Siddharth Jain
Delhi | 25+ Answers
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First of all you go ahead and file a case for cheating and fraud against the truck owner. That will decrease your part of offence as you have also become a victim like the loan company.
And book one appointment and come and meet me with the summons.
I can help you to get rid of this case.
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Adv. Vishal Kalra
Delhi | 25+ Answers
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