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Can the bank file a case for delay in paying one EMI of my personal loan?

I am G. M. T. and I am holding a personal loan with a bank. My amount to be paid is nearly 50000 dirhams and my monthly EMI is 3060.

I am facing irregularities in my salary and I manage somehow to pay my bank EMI on time by end of the month.

Now this month (April 2022) EMI I failed to pay by the 5th and I am asking for time till Friday before the EID holidays but the bank is threatening me that they will file a case if I won’t pay it by today.

Will I go to jail if the bank files a case against me for just one EMI pending?

I am worried if my family has no one there to take care of them. We are struggling with daily expenses but still, I manage to pay my bank.

Please advise what to do.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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26 Apr 2022, 07:34

It will take some time, but you have a chance to settle with the bank.

They will not do it on the same day, it takes time and with the court also you can take some time to pay.

26 Apr 2022, 07:41

For one EMI pending and that for the current month, the bank can file a case and send me to jail?

26 Apr 2022, 07:43

No jail now 90%.

26 Apr 2022, 07:43

Don't worry.

26 Apr 2022, 07:44

Thank you Sir for your time and answering me it’s a great relief.

26 Apr 2022, 07:44

They will do some procedures like bank account ban, and cars lock and travel ban.

26 Apr 2022, 07:45

The bank told me I can’t process my new visa with my new company if they put a case against me.

26 Apr 2022, 07:45

It takes some time like two to four months.

 

26 Apr 2022, 07:45

Not correct.

26 Apr 2022, 07:47

I recently joined a new company in Fujairah and I started working on the 18th of this month.

My company is processing the current month's salary to be paid before the EID holidays.

So I assured the bank that I will pay it before Friday but they are not ready to listen.

And they told me I can’t process my visa as they will charge a case against me.

26 Apr 2022, 07:56

Good.

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Shamsa Albedwawi Advocates & Legal Consultants
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26 Apr 2022, 09:23

Kindly visit your bank and show them the proof of your irregular salary which they can themselves see in your bank statement.

Since you have not deferred in payment of your EMI, you can request them to consider your situation.

At the same time try to get a letter from your HR proving that there has been an irregularity in the payment of salary from the employer proving that you are not intentionally delaying the payment of loan EMI.

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27 Apr 2022, 09:09

Hello T.,

For just a single due payment they won't be filing a case against you. Alternatively, talk to your bank to restructure your personal loan.

Loan restructuring is a process in which borrowers facing financial distress renegotiate and modify the terms of the loan with the lender to avoid default.

It helps to maintain continuity in servicing the debt and gives borrowers a certain degree of flexibility to restore financial stability.

27 Apr 2022, 09:09

To know more, call Adv. Sanafer Arakkal.

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Maryam Hayyaz & Wejdan Bushahab Advocates
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30 Apr 2022, 23:36

Dear G. M. T.,

The bank files a complaint about 3 months + payment default. If you process the payment this month, then you can ask the bank for a deferment on the next payment.

Regards

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