In short: owing money does not take away your rights. A bank or NBFC may collect what is due, but its recovery agents may not threaten you, abuse you, shame you before others or harass your family. Calls are allowed only between 8 am and 7 pm. Keep a record of every call and visit, complain in writing to the lender, and take it to the RBI Ombudsman if the lender does not fix it within 30 days.
What a recovery agent is allowed to do
Banks and NBFCs may use recovery agents, but they remain responsible for how those agents behave. Under the Reserve Bank of India's rules for lenders and for outsourced recovery, an agent may:
- remind you of the dues and ask when you can pay;
- call or visit you at a reasonable time, between 8:00 am and 7:00 pm;
- meet you at the place you choose, or, if you have not chosen, at your home, and if you are not available there, at your place of work;
- discuss repayment, restructuring or settlement on behalf of the lender.
An agent must carry an identity card and the lender's authorisation, and the lender should tell you which agency has been given your account. You are entitled to ask for both before you discuss anything.
What a recovery agent must not do
- threaten you, verbally or physically, or use abusive or obscene language;
- harass, humiliate or shame you in public, for example in front of neighbours or colleagues;
- contact your family members, referees or friends in a way that harasses them or invades their privacy;
- call repeatedly, or at odd hours, or send threatening or anonymous messages;
- make false or misleading statements, such as claiming you will be arrested for not paying an EMI.
Not paying a loan is a civil matter between you and the lender. It is not, by itself, a crime. Criminal proceedings arise only in particular situations, such as a cheque or auto-debit (NACH) mandate that bounces, or fraud.
What to do when recovery agents harass you
- Keep a record. Note the date, time, number and name for every call and visit. Save messages and, where lawful, call recordings. Ask a witness to note any visit.
- Ask for identity and authorisation. Ask the agent for their ID card and the lender's authorisation letter, and for the agency's name, in writing.
- Complain to the lender in writing. Write to the branch and the lender's grievance redressal officer or principal nodal officer (their details are on the lender's website). Describe each incident and ask that the agent be withdrawn. Keep the acknowledgement or complaint number.
- Escalate to the RBI Ombudsman. If the lender does not reply within 30 days, or the reply does not solve the problem, file a complaint under the RBI Integrated Ombudsman Scheme at cms.rbi.org.in. It is free and covers banks and NBFCs. See our guide on how to complain against a bank or NBFC.
- Go to the police when there are threats. Threats, abuse, intimidation and stalking are offences under the Bharatiya Nyaya Sanhita. Harassment by a loan app, or misuse of your contacts or photos, can also be reported at cybercrime.gov.in or on 1930.
- Deal with the debt itself. Complaints stop the harassment; they do not end the dues. A written repayment plan, restructuring or settlement with the lender is what ends the calls for good.
How an advocate can help
A lawyer can write to the lender and the agency on your behalf, so that further contact goes through them, record the harassment formally, file and follow the RBI complaint, file a police complaint where there are threats, and open settlement or restructuring talks with the lender in writing.
Questions people ask
A bank recovery agent is harassing me. What should I do?
Write down every call and visit, ask for the agent's ID and authorisation, and complain in writing to the lender's grievance officer. If the lender does not act within 30 days, complain to the RBI Ombudsman. If you are threatened, go to the police.
Can bank recovery agents call my family members or references?
Lenders may try to locate a borrower, but agents must not harass your family, referees or friends or invade their privacy. Repeated calls to relatives, telling them about your debt or threatening them are against RBI's rules and can be complained about.
Can recovery agents visit my home or workplace?
They may meet you at a place you choose. If you have not chosen one, they may come to your home, and if you are not there, to your place of work. They may not create a scene, humiliate you before others or come outside 8 am to 7 pm.
Recovery agents are threatening me. Is that legal?
No. Threats, abuse and intimidation are not allowed under RBI's rules and can be offences under criminal law. Report them to the lender in writing and to the police.
Can I be arrested for not paying a loan EMI?
Not paying a loan is a civil matter, and an agent cannot arrest you. Criminal cases arise only in specific situations, such as a bounced cheque or NACH mandate, or fraud, and even then only through a court.
How do I file a complaint against a bank recovery agent?
First complain in writing to the bank or NBFC. If there is no satisfactory reply within 30 days, file online with the RBI Ombudsman at cms.rbi.org.in, attaching your complaint, the lender's reply if any, and your record of calls and visits.
A recovery agent is threatening to visit my house. What are my rights?
You can ask for the agent's identity card and authorisation, insist on a visit only between 8 am and 7 pm, refuse to be humiliated before neighbours, and complain to the lender and the RBI Ombudsman. If the agent threatens you, call the police.
How can I stop recovery agents from contacting my family?
Write to the lender asking that all contact be made with you alone, at a stated number and time, and that the agent stop contacting your relatives. Keep proof of any further calls to family and include them in a complaint to the RBI Ombudsman.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 10 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.