Got A notice for not paying credit card bill for more than 2 years

640 votes

Arrest isn’t possible for credit card default as it’s a civil matter. The bank can only file a recovery case, a PSA case or approach DRT for salary or asset attachment after a court order. You can reply to the notice, explain your job situation, and seek a one-time settlement or installment plan. Negotiate directly with the bank in writing and don’t ignore the notice.

Advocate Adarsh Kumar LawRato

684 votes

Hi yes, you can start negotiating with the credit card bank on principal amount. It may take some time, but it will be settled. they can get salary account attached only after they have details. so it's not that much serious, but yes start negotiating Thanks

Advocate Chandan Tyagi LawRato

741 votes

Arrest is not possible for non-payment of credit card dues, as it is a civil liability, not a criminal offence, unless there is proven fraud or cheque dishonour under Section 138 of the NI Act. The bank can, however, initiate civil recovery proceedings before the Debt Recovery Tribunal (DRT) or a civil court to recover dues by way of salary attachment, bank account garnishee, or asset attachment after obtaining a decree. You have full right to negotiate or settle the outstanding amount. Immediately contact the bank’s recovery or settlement department and request a one-time settlement (OTS) or EMI restructuring based on your current financial condition. Mention your low salary and recent employment to seek lenient terms. Avoid ignoring legal notices—send a written reply through an advocate assuring your intent to repay and seeking time or reduced settlement. Also, keep records of all communications. If any recovery agents threaten or harass you, you can lodge a complaint with the RBI Ombudsman or local police under the RBI’s Fair Practice Code.

Advocate Ashish Kumar LawRato