• Debt in UAE credit card and personal loan, now in India

Respected Sir,

I was working in UAE and suddenly 8 months ago i lost my job.

I had taken loan and used 1 credit card, all sum together 20lakh Indian Rupees.

I was paying regularly when I was in UAE.

Now, as I am in India, I have been unable to pay this. UAE banks are sending E-mails and insisting for payment. As 8 months has passed they tried to encash , Now they are giving warning that they will file a civil case against me in UAE(I had signed security cheques at the time of availing credit).

Their collection agents in India are also calling me and threatening me that INTER POLE will issue red corner notice and I will be arrested in India.

I don't wish to go back to UAE.

What should be my stand in this case?
Please help.
Asked 7 years ago in Civil Law

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10 Answers

You can just talk to the lender in UAE and can settle the terms with him.

Though issuance of red corner notice is a difficult task, but the same will be issued if you will abscond for long from the case (if filed). Also, you may just take loan and part away with the loan pending in UAE, otherwise if a case is filed then it will create a huge problem for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

They will obviously try to recover the debts (by forcing) or by other possible manner, and if you are fearless and can stay with the thought in the mind that let them file a case and then I will see, then thats all ok.

Usually companies try to extract money by such means but they hardly file a case. You can not do much in the case since you are at fault.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

if suit is field against you then you engage lawyer in UAE and defend the case

2) seek time to make payment as you have lost the job

3) if decree is passed against you then bank will take out execution proceedings to attach your property in India

4) you would not be arrested in India .

5) you can file police complaint of criminal intimidation under section 506 of IPC against collection agents

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

Hii, warrants can be executed here in India if they are issued in UAE.. Either pay the amount or join the proceedings when they file recovery suit .. However thier agents cannot use force or provide any harrrasment as it is illegal to use force as per Indian law..if any agents are doing so file a police complaint against them .. If you want to evade , change your mobile number and Address and keep it a secret .. If you do not have any property in your name there is no way they can recover it ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

It is your duty pay the debts.

No treaty with UAE and India for handing over the victims. They can only threaten you by their Recovery team. You can harass with Recovery team if you are unpaid. If the threat is going in high altitude you may file complaint against the person who threat you individually . Normally Inter pole will not send the red corner notice . In India , it has its own judicial system and laws for citizens .The UAE bank can recover money only according to Indian law and also by using Indian judicial system.

Ajay N S
Advocate, Ernakulam
4096 Answers
113 Consultations

1. if you do not wish to go to UAE and get rid of legal ahssles then without waste of time repay the debt owed to them.

2. Do note that if they file criminal case of cheating in UAE when the warrant can be executed in India through Interpol.

3. If the decree is passed in the civil suit in UAE then it cna be executed in India througha ttachment of your proeprty.

4.So better talk to them and settle the dispute once and for all by making payment of the balance amount.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

1. INTERPOL notice is not issued for loan default. They are trying to fool and intimidate you.

2. The maximum which the banks can do is to file a civil suit for recovery of money in UAE against you. However, if you do not appear in the UAE court on service of summons on you, and the court in UAE passes a decree in favour of the bank and against you, the decree can be executed against you in India through the Indian courts. The courts in India may order the attachment of your properties or even your detention in civil prison for not complying with the decree of UAE court

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

It is not possible for the interpol police to arrest you in India for this reason.

Next time when the collection agents call you on phone, you ask them their particulars and either send them a legal notice to process recovery as per due process of law or you may lodge criminal complaint agaisnt them for their threats and illegal acts.

Please remember that it is your duty to repay the loan availed, you cannot give excuses that you have lost the job or anything.

If the UAE government passes order blocking your entry to UAE for this then you may not be able to visit that country for employment purpose again.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

right now i dont have job, how face this please clarity i dont have other quetion

For the present you can follow the steps suggested to avoid the harassment for the time being, but if they adopt due process of law for recovery then you will be subjected to the prosecution.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

is really they have rides to arrest ? and how to face recovery team? i am in Hyderabad they are going to my village and calling, i am answering all call also they are doing same. and they forcefully asking;

You can warn the recovery agents by issuing them a legal notice and also making a police complaint against their excesses.

You may warn them from indulging in such illegal acts, failing which you would initiate proper legal action for threats and intimidation.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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