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06 · Banking, Finance & Insurance

Loan Recovery Matters

Loan recovery matters concern recovering, or defending claims for, amounts due under loans — from banks, financial companies or private lenders.

What this covers

  1. 01Recovery notices and responses
  2. 02Recovery suits
  3. 03Guarantor liability
  4. 04Settlement and restructuring
  5. 05Recovery of private loans

How it generally works

The forum depends on the lender and the amount. Banks and financial institutions use the Debt Recovery Tribunal for larger claims; private lenders generally file civil suits, often under the summary procedure.

A guarantor's liability is generally co-extensive with the borrower's, unless the guarantee says otherwise.

Claims must be brought within the limitation period, which can be extended by a written acknowledgment of the debt.