Unsecured reality
Unsecured settlement: what the lender can and cannot do to you
A personal loan has no security behind it. That single fact changes everything — there is no SARFAESI notice, no auction and no possession, but there is aggressive collection activity and, above a threshold, the risk of a civil suit or an insolvency petition. Knowing the real boundaries stops you from paying out of fear rather than arithmetic.
What an unsecured lender can legally do| Lender action | Permitted? | Your position |
|---|
| Calls to you within 8am–7pm | Permitted | Ask for the agency name and authorisation, and keep a log of every call. |
| Calls to relatives, employer or neighbours | Not permitted | Third-party disclosure of your default breaches the code — complain to the lender's nodal officer. |
| Visits to your home or workplace | Permitted, with limits | Must be at reasonable hours and without intimidation, abuse or a crowd. |
| Threat of arrest | Not permitted | Loan default is a civil matter. Arrest threats are routinely used and are simply untrue. |
| Cheque bounce prosecution | Permitted | A genuine criminal exposure where a security cheque or mandate has been dishonoured. |
| Civil suit or insolvency petition | Permitted | The realistic legal route. Slow and costly for the lender, which is why most files settle. |
Recovery conduct is governed by the RBI Fair Practices Code and the outsourcing guidelines for recovery agents.