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The possibility to file a civil case after filing a criminal case for a credit card default

I have 2 credit cards. One of them started in 2016 and was not paid from Dec. 2016. Can the bank file a civil case against me after already filing a criminal case in court now?

The other credit card was started 5 years before. Can the bank file a civil case against me? They are calling me every week.

The limit was 75k and the bank said they are now calculating interest and reached approx. 110k.

Hussain Lootah & Associates
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17 Mar 2021, 10:13

Dear Questioner,

Please note that in case of credit card default, the banks may file criminal and civil cases against the defaulter.

There is no hierarchy at this point. The bank may file both criminal and civil cases together, separately, or file one of these as a step to recover the debt.

There is no pecuniary limitation to file the criminal or civil case. The bank's right to calculate the interest on the debt is something you might have agreed upon while signing the application form for availing credit card or loan.

However, you may raise this concern once the same reaches the civil court or prosecution.

Regards,

Rajasree Ravivarma

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