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Loan & CC Default, Arbitration, & Litigation?

Fluffles

TF Buzz
To sum up, I'm a person with disabilities (PwD) dependent on freelance income, and all loans and cards I had were pre-approved based on my creditworthiness. I maintained 100% on-time repayments for 5+ years, but I crossed my ability to keep up a few years back when health episodes flared up, causing disruptions. I responsibly sought EMI pause and restructuring, but it was denied with threats of collection and legal action, forcing me into a debt spiral, and my ability to earn progressively declined. A couple of months ago, I was forced to default due to genuine inability. My perfect 100% on-time repayment history and 750-850 credit score was ruined forever, now 90+ DPD across several loans and CCs. I am getting legal notices left and right, as well as aggressive collections (non-compliant with RBI). I have been refused forbearance + settlement options. Some credit cards are open to settlement, but no forebearance or discounted settlement. So, effectively, just asking to preclose with 3 EMI payments of the total amount of interest + principal, or foreclose the full amount, without compromise.

My question is, has anyone here gone through arbitration or litigation, what to expect, and how long does it last, if I don't object to their genuine claims? I'm concerned about whether I'll survive the arbitration and litigation process due to my health and disabilities, as I am at high risk of a heart attack and stroke. Court hearings could be a traumatic experience. I have already told them I have no family, or any attachable salary, assets, or estate. They are still aggressively threatening legal action, and I have already received several legal notices. An arbitration process has even been initiated, but I asked it to be postponed as I need legal representation to participate due to my disabilities. Having an idea of what to expect in the weeks and months ahead would be helpful. Info available online is all generic, no one is actually talking about their personal arbitration or litigation experience for unsecured loans and cc.

Note, no individual liability over four lakhs, and that's just the highest, such as maxed out cc with interest, penalties, and dues added as overlimit. I made partial payments for loans and CCs after being forced to default (due to genuine inability), but that made no impact, and I got NPA marked everywhere. In hindsight, I should have just used the partial payments on health stuff.
 
To sum up, I'm a person with disabilities (PwD) dependent on freelance income, and all loans and cards I had were pre-approved based on my creditworthiness. I maintained 100% on-time repayments for 5+ years, but I crossed my ability to keep up a few years back when health episodes flared up, causing disruptions. I responsibly sought EMI pause and restructuring, but it was denied with threats of collection and legal action, forcing me into a debt spiral, and my ability to earn progressively declined. A couple of months ago, I was forced to default due to genuine inability. My perfect 100% on-time repayment history and 750-850 credit score was ruined forever, now 90+ DPD across several loans and CCs. I am getting legal notices left and right, as well as aggressive collections (non-compliant with RBI). I have been refused forbearance + settlement options. Some credit cards are open to settlement, but no forebearance or discounted settlement. So, effectively, just asking to preclose with 3 EMI payments of the total amount of interest + principal, or foreclose the full amount, without compromise.

My question is, has anyone here gone through arbitration or litigation, what to expect, and how long does it last, if I don't object to their genuine claims? I'm concerned about whether I'll survive the arbitration and litigation process due to my health and disabilities, as I am at high risk of a heart attack and stroke. Court hearings could be a traumatic experience. I have already told them I have no family, or any attachable salary, assets, or estate. They are still aggressively threatening legal action, and I have already received several legal notices. An arbitration process has even been initiated, but I asked it to be postponed as I need legal representation to participate due to my disabilities. Having an idea of what to expect in the weeks and months ahead would be helpful. Info available online is all generic, no one is actually talking about their personal arbitration or litigation experience for unsecured loans and cc.

Note, no individual liability over four lakhs, and that's just the highest, such as maxed out cc with interest, penalties, and dues added as overlimit. I made partial payments for loans and CCs after being forced to default (due to genuine inability), but that made no impact, and I got NPA marked everywhere. In hindsight, I should have just used the partial payments on health stuff.


Brother, first of all, respect for the way you have handled everything despite such severe health and financial hardship. I will share the legal and practical ground reality clearly, so you are not misled by collection threats.

All credit card and personal loan cases are purely CIVIL in nature. There is no concept of arrest, jail, or any criminal case for unsecured loans in India. Police involvement in recovery is completely illegal.

Arbitration is only a private recovery process where the bank gets a legal “recovery award.” Even after an award, recovery can happen only through:

• Salary attachment
• Bank account attachment
• Property attachment

If you genuinely have no job, no assets, and no estate, then execution usually fails in practice. Arbitration does NOT mean arrest or criminal action.

Court litigation is a slow process and usually takes 1–3 years or more. Courts do not harass sick or disabled borrowers, and virtual hearings are also possible. Judges do not arrest people for unsecured debt.

Collection agents mostly bluff using words like “police case,” “warrant,” and “criminal action.” These are illegal threats and clear violations of the RBI Fair Practice Code.

Since you are a PwD with documented medical issues, you should immediately file written complaints to:
• Bank Nodal Officers
• RBI CMS Portal

Clearly mention:

• Medical disability
• Financial inability
• Harassment by recovery agents
• Denial of humane forbearance / restructuring

Regarding settlement: Banks usually do NOT offer fair or humane settlements immediately after default. Realistic 30%–60% one-time settlements generally come after 12–18 months of continuous NPA, when recovery chances become weak. Paying partial EMIs now only strengthens the bank’s position and weakens yours.

Prioritizing your health over partial EMI payments is medically, financially, and legally the correct decision in your condition. Law also recognizes genuine medical and financial inability to pay.

You should focus on:

• Mental & physical health first
• Stopping all telephonic communication with recovery agents
• Keeping everything strictly on email
• Preparing for a future negotiated one-time settlement when the timing is right.
 
Those legal notices are fake most of the times or just for threatening purposes. Relax, keep hope🙏🏻

Remove all your old sim cards. Buy a new sim, and start over like nothing happened.
 
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