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Credit Card Guide | Credit Card Default solutions: Credit Card Default Settlement - Step by Step Guide
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Here is how you have to deal with it. When you have queries on credit card defaults and delayed payments which has taken the payment obligation of the banker to few Lakh rupees.
Talk to the bank who issued the card and tell them you would like to settle off in good faith and ask for concession and negotiate hard, yes put all your negotiation skills to work here.
Once you both settle on some amount these are the steps you MUST and Should follow. It is better to negotiate with the bank itself rather than the collection agent because Bank Pays to the Collection Agent commission as high as 15% of the recovered amount and he will haress you until you pay it to the bank because the agent is awaiting his comission.
§ Get a letter from the bank in which they mention "Final Settlement of Outstanding dues" with your complete name, address and credit card number on which you have defaulted.
§ Make your payment by CROSSED CHEQUE only
§ As soon as the payment is done, close this credit card account by giving writing instructions saying w.r.t Final Settlement, I have cleared all the dues and want this account to be closed. [Keep a proof of closing this account, say banker stamps on the second copy of the lettr or send it by registeredA.D]
Preserve all this documentation for the next 5 years, atleast.
Chances are the your name will be in the CIBIL defaulters list, give time of 6 months before you apply for another loan so that the bank clears your name off defaulters list.
§ Work and Plan your finances well before you opt for any other form of credit - card, personal Loan, auto loan etc
§ Next time when you apply for any kind of credit, if your name is still in the defaulters list, then you have every right to know on which account you have defaulted. If this is the same as the credit card account on which you have defaulted, then all those documents of Final Settlement, crossed Cheque payment will come in handy here. Attach attested photocopies and try to get your name cleared off the defaulters list. Don't submit the originals you have.
§ And finally you have to live with this painful process.
If Settlement Amount is as Large as Rs 300,000 [3 Lakh] ? Hire a lawyer because the deal is big and in any case save all the documentation.
Source: http://creditcard-infoguide.blogspot.com/2009/02/credit-default-settlement-step-by-step.html
Legal Point
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Even if the husband stay in foreign country, women can file for divorce anywhere
In a crucial ruling that is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras high court has said that the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.
A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriage Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said.
The judges were passing orders on a case involving film actor R Sukanya and her husband R Sridharan, who is an American citizen. The two got married in April 2002 as per Hindu rites and custom at the Balaji Temple in New Jersey in the US. After nearly a year she returned to India, started to act in films, and also filed a divorce petition in 2004. As her husband did not attend the proceedings, the family court granted her divorce ex parte.
On representation from her husband Sridharan, later the family court reversed its order. He also filed a petition in the high court to restrain the family court from hearing the case on the ground that the court in India had no jurisdiction to take up the matter involving American citizens.
Dismissing his claims, the judges said that when the marriage was solemnised under the Hindu law, the proceedings for divorce also has to be made under the same Act. Referring to the amended Section 19 of the Act, the judges said that with effect from December 23, 2003, the wife is now entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing.
The judges rejected Sridharan's claims of domicile, and said, "when the marriage was solemnised under the Hindu law, the proceedings for divorce has also to be made under the said Act. He cannot take any exception to the proceedings in India under the provisions of the Hindu Marriage Act merely on account of his US citizenship or domicile."
Explaining the rationale behind the amendment, the judges said the original section was causing serious prejudice to women as it was not possible for them to initiate proceedings before the court in whose jurisdiction they are residing. "Because of the rigid provision, women were compelled to approach the court in whose jurisdiction the marriage was solemnised or the husband resides or the parties to the marriage last resided together. The jurisdiction clause as it stood originally was really unfair to women," the judges said and directed the family court to go ahead with the hearing of the actor's case and conclude it within two months.
Source:-
http://timesofindia.indiatimes.com/city/chennai/Women-can-file-for-divorce-anywhere/articleshow/6160833.cms
For any Querry:- legalbuddy@gmail.com
Blonde Justice: How to Prepare For Trial: Step One
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I suppose, to do it right, this will have to be a multi-post topic, spread over the next few weeks or months as it fits into my schedule of actual trial preparation.
Just a disclaimer: This is not the only way to prepare a trial, nor do I believe it's necessarily the best way. It just happens to be the way I was taught, and what seems to work for me.
Today's lesson is "Step One: Create an outline of the trial."
If you're the type of person who likes to type things out in a neat, organized outline, following actual outlining formatting (you know, I. then 1. then a. or whatever), fantastic, type it in Word or whatever you'd like
I like to write it on a blank piece of a paper. For some reason, I think that the more it looks like a flow chart with circles and arrows, etc., the more it's going to work. As if the level of activity on the page indicates the level of activity in my defense.
Either way, what you're doing is giving yourself an idea of what to expect in the trial.
A basic outline might look like this:
Pre-trial motions
Jury Selection
Opening Arguments
Prosecution Case
Defense Case
Closing Arguments
Jury Instructions
Then I go back through and just start brainstorming different ideas and filling them in under their respective headings. I think through all of the possible Prosecution Witnesses and list them under prosecution case, and all of the possible Defense Witnesses and list them under the defense case.
Next, I might fill in some ideas of questions, themes, or points I want to make with each witness. I'm not trying to write my whole direct examination or cross examination into the outline, but I'm asking myself, "What is my point in standing up and asking this witness a question? What do I want to get out of him or her?" and trying to fill that answer into the outline. I might also put some thought into any evidence I might want to introduce, and which witness I would introduce it through.
Invariably, during this process, I'll think of other things I need to do, whether they're investigation or research related. I'll just jot them in a box along the right margin. Again, the more doodling that gets done in my outline, the better.
Usually, by the time I'm beginning to prepare the trial, I've completed my investigation (although there is sometimes still more I can do) and I've sometimes put some thought into what my defense or theme is going to be. I might jot this under opening argument or closing argument, or both.
Finally, I might type my outline, if, for example, (1) I just need to feel a little more organized and my free-form outline has gotten out of hand, or (2) I want to give it to a colleague who will be working on the case with me, or (3) I want to give it to my client.
I think it's worthwhile to give a copy of the outline to my client as early in the trial prep process as possible - especially for the uninitiated client who doesn't have a clear sense of how the trial works, and even more so for a client who is in jail which may limit your time to talk and prepare the trial together. I find that, in the future, it redirects our conversations from "I didn't do it, I'm not taking a plea, I want to go to trial" to "Let's actually talk about the trial, here's what I think our major theme should be, here's what kind of jurors we're looking for, here's who I think the witnesses will be... " and so forth.
Just to give you a basic idea, I'll write up a quick outline from a trial training I did a while back. This is just off the top of my head, so it'll be a little rough. I've started with the most basic outline as above, and then I've filled it in a bit more with a few hypothetical ideas. The case involves a basic bank robbery. Again, this is hypothetical, and I'm not really prepping a bank robbery right now, so cut me some slack if you think I've missed something.
1. Pre-trial motions.
a. Preclusion of defendant's statement
b. Preclusion of "enhanced" video surveillance
2. Jury Selection
a. Eliminate customers of this bank
b. Eliminate jurors with security jobs?
3. Opening Arguments
a. Teller didn't get a good look
b. Bank video grainy
c. Defendant's "confession" coerced - hours of interrogation (mention only if statement not precluded.)
d. Defendant's home searched - money not found.
4. Prosecution Case
a. Teller (introduce diagram of bank if prosecutor doesn't)
b. Bank Manager
c. Police Officer at scene
d. Detective who takes defendant's statement
5. Defense Case
a. Defendant ???
b. Alibi witness
c. Character witness
6. Closing Arguments
a. Teller didn't get a good look
b. Statement was coerced
c. Defendant denies
d. Defendant was at the movies with his girlfriend
e. Money not found (Prosecution's burden to present evidence)
7. Jury Instructions
a. Basic jury instructions
b. Special jury instruction: Alibi Defense (if alibi witness used)
During the course of sketching out the outline, I might thoughts of things I still need to do, such as "Call character witness - set up appointment." "Go back to bank - distance from teller to door?" The longer this list becomes, the more work I have cut out for me, obviously.
That's all for today, class. We'll pick this up from here the next time I feel like writing about trial prep instead of actually doing it.
Source: http://blondejustice.blogspot.com/2008/12/how-to-prepare-for-trial-step-one.html
