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F.A.Q
Can you be jailed for missing EMIs?
No, defaulting on a loan is not a criminal offense under Indian law. It’s a civil issue. This means
you cannot be jailed just because you couldn’t repay.
When can jail happen?
- You can only be jailed if:
- You issued a cheque that bounced (under Section 138 of the Negotiable Instruments Act)
- You were involved in fraud (like forging documents or hiding income)
- You ignored court summons multiple times
What will banks or NBFCs do instead
- Constant follow-up calls
- Sending recovery agents
- Legal notice under civil procedure
- Filing case with DRT or civil court
How CredRinnMukt Helps
We help you legally respond to notices, stop harassment, and negotiate a settlement without
going to court.
Final Tip
If you’re worried about legal trouble due to debt, contact CredRinnMukt for a free consult.
We’ll guide you with legal backing and dignity.
Can I Stop Paying My EMI Legally During Financial Crisis?
Yes, but you need to follow a process—don’t just stop paying. Here’s the safe, legal way.
What NOT to do:
- Avoiding calls
- Defaulting without notice
- Relying on verbal agreements with agents
What You Should Do:
- Write to the lender requesting moratorium or restructuring
- Get everything in writing
- Take legal help to respond if they decline
- Use CredRinnMukt to negotiate on your behalf
What Is the Difference Between Civil and Criminal Loan Default?
Most borrowers don’t know that not all loan defaults are treated equally under law. Here’s the
key legal difference between civil and criminal loan default in India.
Civil Default
- Happens when you fail to repay
- Lender can file a civil suit for recovery
- You cannot be jailed for civil default
Criminal Default
- Happens if there is intent to cheat, forge, or issue bounced cheques
- punishable under BNS (IPC) and NI Act
- May involve arrest and court case
How CredRinnMukt Protects You
- We guide your response and settlement to avoid escalation to criminal charge
- Confused about your legal position? Get free legal insight at CredRinnMukt
