I have taken a loan in 2004 that I paid few monthly PMI and then was unable to make payments. I am currently in USA and are getting calls from the bank for collection, these calls are off US business hours. They contacted my relatives in India and now they are contacting my college where I studies and else where that I don't know.
Is this legal in USA?
What action can I take?
Under Virginia law they cannot take you to court if they have left you alone for five years. Sorry but I have no idea what the law would be in India. Under US law they would probably still be allowed to call and ask for payment. but if the calls are being placed from India, not sure it would matter what US law would be.
Contacting the relatives would NOT be legal under US law--unless they said they needed to "locate" you. But again if the calls are coming from India and to people in India, I don't know what to say.
I'm just not much help on this.
I'm NOT your lawyer. Giving you some ideas to discuss. I'm in Stafford, Sterling and Annandale.
I agree with Mr. Weed - we don't know and can't be of much help.
Here's why: general legal principles say that the law where a contract (your loan) was written usually control. There may also be treaties between the US and India that apply. We only work with Virginia (and US Federal) law and don't know anything about Indian law.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
So here is what you haven't said - 1) was the loan taken out in India or in the US? 2) have you consulted with an attorney in India about this matter? 3) about how much in US money is involved? 4) did anyone guarantee or cosign this debt? 5) did you put up any property as collateral or security to get this loan?
Due to the age of this debt, it may be uncollectible from you from you personally under a legal theory called "statute of limitations." But the length of time you can go without paying varies widely in the US and no doubt varies among the different states in India as well. And if property, whether land or a vehicle, was given as collateral, the SOL may not apply and the property can still be seized. Obviously, the solution is to consult a qualified legal advocate in the state in India for advice. Many are available at reasonable cost via online communications. Hope this perspective helps!
you need to contact an attorney who is familiar with international law to get answer to yur question but most likely nothing
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