Time limit and inclusion of spouse in Court case
Time limit for bank (Private/Public) to recover credit card dues?
A friend of mine got a credit card from ABN AMRO Bank in the year 2001. It was used for a period of 2 year for spending around Rs.24000 and repaid around Rs.13000. He was unable to pay the rest due to his financial circumstances. In the Meantime, ABN AMRO Bank was taken over by Royal Bank of Scotland, which transferred it's credit card recovery to Pheonix ARC Private Limited (sponsored by Kotak Mahindra Group).
Now, after 20 years, he got a call from Kotak Mahindra, asking him to repay the outstanding balance which amounted to Rs. 40 Thousand (majority in taxes and finance charges). He has NOT received any legal notices so far. My friend has lost track of the documents related to the card and is worried about the issue, since he does not have any documents to validate his transactions.
The Kotak Mahindra people are telling that Notices and calls had been sent to the old address/Phone No.; but no response. Now legal case has been initiated and he was told by them Warrant has been issued from the Court @ Pune to produce my friend and his wife ( who are senior citizens) ( my friend is living in Tamil Nadu) and once warrant is implemented No payment can be made and asked him to pay the entire dues.
Now, the questions:
1. Whether Warrant can be issued without serving Notices/Summons to his present address ( when they are able to find out the present phone no that my friend is using they can easily trace the address too) and can his wife name be included in the warrant
2. What would be the best way to resolve this issue (apart from paying the entire outstanding)?
3. My friend is unable to pay full demanded high amount.. He is able to pay some minimum amount.. Is it possible..