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Strategy

  • Firms are beginning to implement long-term strategic planning, but integrated execution of those plans is still on the horizon.
  • Firms are beginning to implement long-term strategic planning, but integrated execution of those plans is still on the horizon.
gsk associate

Advantages

  • Experience/capability
  • International coverage and representation
  • Generally broad based firms
  • Personalized Treatment
  • Specialized Service
  • Not administrative, it’s strategic
gsk associate

Expertise

  • Acquisition Finance
  • Consortium
  • Credit & Security Documentation
  • Debentures
  • Dishonor of Cheques
  • Drafting ESCROW
  • Guarantees
  • Legal Opinions
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Creditor And Debt Collector Harassment Advocates

How can you stand up to a creditor? The most effective method is to hire experienced creditors and debt collector harassment Advocates to show you mean business. At GKS Associates, we have the skills and resources to protect consumers and put creditors in their place. Once confronted with the fact that an advocate representing the debtor, most creditors will immediately stop the harassing calls to avoid further risking violations of the Reserve Bank of India (RBI) and the Banking Code and Standards Board of India (BCSBI) guidelines. One of the first actions we will take on your behalf is to send a letter to the creditors notifying them of our Advocate-client relationship.

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Do I Need a Debt Harassment

Advocate? Many of our clients attempted to stop harassing creditors by themselves and were unsuccessful until they contacted our Advocates for help. Unfortunately, when a consumer tries to stop a harassing creditor without the assistance of an Advocate, they may face several setbacks. Some creditors will not be intimidated by consumers proceeding without an Advocate and may suspect that these individuals have little to no understanding of their legal rights. Furthermore, several steps must be taken to stop a harassing creditor, and, without the guidance of an experienced GKS Associates Advocate, debtors can miss vital steps in this process.Attempting to stop harassing creditors on your own can prove to be a difficult task, especially for those whose lives have already been disrupted by the harassment. When you hire a GKS Associates Advocate, the debt collector must contact your legal representation — not you — regarding your debt, which may provide some relief from the harassment.

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Creditor Harassment

If you elect to hire a debt harassment GKS Associates Advocate, he or she can help you take the initial steps necessary to stop the harassment by:If the creditor harassment continues, we can pursue a lawsuit to collect and ask for compensation within the Pecuniary Jurisdiction of the Banking Ombudsman to stop the harassment.

  • Sending a letter demanding communication with the debtor stop
  • Requesting that all telephone calls and correspondences are directed to GKS Associates Advocates.
  • Requesting validation and calculations of the debt (undertake a financial audit).
  • Analyzing all the signed loan documents to substantiate that RBI guidelines have been followed.
  • Sending a letter to contest the debt.

If the creditor harassment continues, we can pursue a lawsuit to collect and ask for compensation within the Pecuniary Jurisdiction of the Banking Ombudsman to stop the harassment.

Harassment

Many of our clients attempted to stop harassing creditors by themselves and were unsuccessful until they contacted our Advocates for help. Unfortunately, when a consumer tries to stop a harassing creditor without the assistance of an Advocate, they may face several setbacks.While there is no precise definition for specific “harassing conduct,” there is a non-exhaustive list of examples, as per RBI and BCSBI governing debt harassment.

Common examples include numerous factors
  • Daily phone calls to alleged debtors, their family, and friends.
  • Multiple calls on back-to-back days.
  • Repeated calls with no messages.
  • Hang-ups; using social media networks such as Facebook.
  • Lies or misleading comments.
  • Speaking in a belittling manner and embarrassing, argumentative, and rude conduct.
Creditor Harassment
What Compensation Can I Recover?

Statutory Damages : Within the Pecuniary Jurisdiction of the Banking Ombudsman, creditors who violate the guideline’s provisions will be liable to the harassed consumer for up to ₹1,00,000 in damages. The amount awarded will hinge on the frequency, duration, and veracity of the harassment.

Actual Damages : Additional damage compensation may include out-of-pocket costs or compensation for emotional distress and damage such as stress- related injuries, which may include

  • Angina
  • Chest constrictions
  • Shock
  • Loss of appetite
  • Anxiety
  • Embarrassment
  • Humiliation
  • Pain and suffering
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Consumer goods / services

Consumer Courts – Consumer goods/services In today's competitive environment, attempts to influence customers are taking place not only through traditional media but across many new platforms, including external websites, social media outlets, and mobile applications.

The protection of customer information, are under constant scrutiny, as are issues relating to deceptive or unfair advertising.

We, at GKS Associates, will help you to fight for your consumer rights. We have a great team of consumer Advocates who will provide you the best service for and against the consumer cases before the authorities as formed under The Consumer Protection Act, 1986 at the District, state, and National Level.

Personal debt recovery

Many of us think of debt collection as something that only businesses and contractors must deal with. But of course, this simply isn’t the case. Sometimes, individuals make loans and are owed money, be they to businesses or other people, and have trouble securing repayment

Returned cheque litigation

Cheque bounce is a criminal offense in India, covered under section 138 of the Negotiable Instruments Act. The following information will act as a useful guide in what steps can be undertaken in case your cheque is bounced:

Once the cheque has been returned by the bank, then before filing a legal complaint against the drawer, you must, with the help of our Advocate, first, send a demand letter/ legal notice to such drawer within a period of 30 days from the date the cheque has been returned to you by the bank. The letter must demand the amount from the drawer and the legal action that can be initiated against him under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).

If you have returned a cheque and received a notice you would need to talk to one of our Advocates, who'll be able to tell you your options.

Call us now if you have a returned cheque you must contact us free of charge.

Arbitration and Court hearings

If you have received arbitration or a legal Notice to be summoned, you would need the help of our Advocates who can draft a reply to the arbitration or legal Notice regarding your issue. We will also represent you in any arbitration or Court hearing regarding your issues.

Personal Debt Program (PDP)

PDP is a debt management service which is provided by City Credit Management LLP (CCM) trading as Single Debt (www.singledebt.in) and GKS Associates as one of the panel Advocate of CCM will provide the legal service that is associated with this service.

PDP is a program whereby CCM will work out an affordable payment plan with all your creditors, you thereafter only pay a single payment to CCM and they will pay all your creditors.

Under PDP, GKS Associates will deal with all the legal services, which include dealing with all the creditor's correspondences and call, replying to all legal Notices including criminal offense Notices under Section 138 of the Negotiable Instrument Act of 1881. We also offer these legal services as a standalone service if you are not enrolled in the PDP also.

Litigation, Debt recovery, Debt restructuring, Banking and financial disputes, Employment Laws, Arbitration Laws.

GKS Associates provides legal assistance as well as strategic planning to companies in numerous economic industries within Corporate Law.

We are a Law firm driven by the relationship and Advocates we provide to our Clients around the world, regarding their most complex and important operations. We are in the vanguard of the creation of innovative structures to simplify the inherent complexities of corporate businesses; whether in already established markets or emerging ones. GKS Associates’s experience and practice extend throughout all life stages of companies and throughout all markets, they may work in.

Good corporate governance is essential for the success of every business and every company. We take this fact as the core in the chain of the value we provide and in our role as trustworthy advisors. We are aware that each company has a different structure and distinct needs. This is the reason why we never settle nor standardize our counseling and solutions. We work to have the permanent belief that everything we do for our Clients is in harmony with what is required for their particular circumstances.

As a team, we take pride in attentively taking care of our clients’ daily needs and in helping them achieve their goals, whichever and wherever they may be.

If you give us the chance, your new partner will guide you through each step of the life stages of your company, ensuring that you fulfill all the legal and regulatory standards for your specific requirements. We hold teams of corporate Advocates in several regions and jurisdictions who possess the local knowledge and experience to support you in whatever question you may have regarding the corporate governance and conduct of your business.

GKS Associates’s main focus is assuring that Clients are provided with tailor-made practical advice, which considers the context of their businesses and the jurisdictions in which they operate. We, thus, take pride in representing the most diverse, multinational economic groups in their distinct areas and jurisdictions.

GKS Associates providing multiple business services to foreign companies wishing to establish or engage in any business activity in India and/or establish a business presence in India.

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Consumer Law

In a leading market where there is a huge amount of competition where money means power individuals and the consumer often get treated unfairly, however, the Consumer Protection Act, 2019 empowers the consumer and makes them a King. Which is enforced through the appropriate consumer protection forums. GKS Associates LLP has experienced advocates on the PAN India level for the protection of your rights and does practice consumer protection law in District, State, and also in National Consumer Disputes Resolution Commission.

  • GKS Associates LLP Assists the various consumer disputes on the following but not limited to it:-
  • FLAT/HOME NOT DELIVERED - Dispute with builders for the possession of your Flat/Home or amenities/structure/area not as promised to be delivered.
  • FALSE ADVERTISING - False advertising for the product/services you paid for and not as specimen/features described in the advertisement.
  • ONLINE MISLEADING INFORMATION - Misleading information about any product on any of the E-Commerce platform.
  • PAID MORE THAN MRP: The Product sold above MRP of the product.
DEBT RESTRUCTURING, SETTLEMENT AND NEGOTIATION

Its also called Debt relief or debt adjustment is the process of resolving delinquent debt for far less than the amount you owe by promising the lender a substantial lump sum payment depending upon your financial situation. GKS Associates LLP has a team of advocates who are well versed with the negotiation skills to settle the debt of Individual or corporate clients. GKS Associates LLP has successfully restructured and settled many accounts for our clients both an Individual and also corporate clients.

  • The services offered by GKS Associates LLP are as follows but not limited to it:
  • CORPORATE RESTRUCTURING – The body corporate whether it may be a Big size company or MSME are usually stressed due to the losses suffered in the business and at the other side there are many loans on the head of the companies wherein they may approach respective Banks/NBFC’s to opt for One Time Restructure as per the RBI guidelines and regulation updated time to time.
  • SETTLEMENT – In the process of settlement you may need to pay a lump sum amount for your loam due instead of EMI/Installment.
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BANKING AND FINANCE

GKS Associates LLP does provide its services to various Banking and Non-Banking financial Institution, Individuals, Corporate entities, MSME, and others. GKS Associates LLP has been involved in many transactions of various clients where they need any advice, documentation, restructuring, settlement, Negotiation, etc. GKS Associates LLP advocates are well versed and actively engaged in legal cases for either side of the party like dishonor of cheque/ECS/NACH, Summary Suit, DRT (Debt Recovery Tribunal), Etc.GKS Associates LLP does provide its services to various Banking and Non-Banking financial Institution, Individuals, Corporate entities, MSME, and others. GKS Associates LLP has been involved in many transactions of various clients where they need any advice, documentation, restructuring, settlement, Negotiation, etc.

  • GKS Associates LLP Assists the various Banking and Finance issue on the following but not limited to it:-
  • CORPORATE RESTRUCTURING.
  • SETTLEMENT DEED.
  • DISHONOR OF CHEQUE.
  • SUMMARY SUIT.
  • DRT (Debt Recovery Tribunal).
  • DOCUMENTATION.
  • OTHER LITIGATION CASES.

GKS Associates LLP advocates are well versed and actively engaged in legal cases for either side of the party like dishonor of cheque/ECS/NACH, Summary Suit, DRT (Debt Recovery Tribunal), Etc.In India, while proceeding with litigation the first thought comes in mind of any person is that “How much time it will take?”. As it is always considered to be time-consuming wherein ADR (Alternate Dispute Resolution) has a quick process. ADR covers Arbitration, Conciliation, and Mediation.
GKS Associates LLP attorneys have significant experience in arbitration, offline and online mediation, and other forms of alternative dispute resolution. Our attorneys are recognized as experts in all areas of general and special practice, including finance, commerce, contractual, construction, domain name disputes, as well as industry and employment-related disputes.
GKS Associates LLP actively represents clients on a gamut of litigations in India before various forums such as High Courts, Tribunals, Appellate, and Regulatory bodies. Our advocate's team advises clients on complex and commercial arbitration matters such as pre-arbitration strategy, settlement discussions, representation during arbitral proceedings, and recognition and enforcement of awards or challenges.

  • GKS Associates LLP advocates have the experience to serve either side of the party in ADR:
  • ARBITRATION – The Arbitration proceeding is the process where parties engage in a transaction and have an Arbitration Agreement/Arbitration clause in the agreement, then they may choose to resolve the dispute privately by invoking the Arbitration Agreement/Arbitration Clause.
  • MEDIATION – Mediation is a process to settle the dispute amicably where a third person or it can be said that an Independent or Impatial third person who assists the disputing party to resolve the dispute as per the due process of law.
  • CONCILIATION – The Conciliation process is more or less it is like a mediation process but here an expert in disputed subject matter is appointed to resolve the dispute amicably.

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