Gurantor
sagar
(Querist) 30 July 2014
This query is : Resolved
Dear sirs,
two years back my dad signed as a gurantor for my uncle for his loan from a chit fund company now the relations are strained with us and he turned out to be a defaulter to take a kind of revenge ransom of 8000 is been deducted from my fathers salary from this month kindly help us be suggesting what ways can we stop as we are from a lower middle class and were unable accept it as we had too many plans for salary and we are only dependent on it.
ajay sethi
(Expert) 30 July 2014
on account of failure on part of your uncle to repay loan your father as guarantor would be liable .
sagar
(Querist) 30 July 2014
cant we do anything sir,because he is constructing new home buying land and all and ignoring to pay for this loan.cant we halt it atleast temproraily via court.
ajay sethi
(Expert) 30 July 2014
issue him legal notice . file suit against him for recovery of amount paid by your father as guarantor
Rajendra K Goyal
(Expert) 30 July 2014
As a guarantor your father has to pay on the default of your borrower uncle.
By paying the loan as guarantor, your father is entitled to recover it through legal way.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
Nothing more to add except that I am curious how straightaway salary deduction started?
any undertaking from father or his deptt?
sagar
(Querist) 30 July 2014
Sir there was no undrwritin on part of my father.even we were nt aware of dis activity.they startd strait away deducting it.today when we receivd pay slip its mentnd there.meanin it came to our knowldge nly when we Recivd salary Slip of dis month.do help uS sir
Kumar Doab
(Expert) 30 July 2014
Find out what efforts company has made to approach and recover the debt from borrower and obtain the authenticated copies of loan sanction letter/ agreement/T&C etc.
Provide the current address, source of income of the uncle to company under proper acknowledgment and ask it to recover it from uncle.
Find out from employer on strength of which document and agreement with employee the employer has started the deduction from earned wages.
Approach a local lawyer well versed with such matters and show all docs on record and initiate steps to recover the amounts deducted from uncle.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
please check from employer as to how on which authority they started deducting salary without court attachment.
Full facts are not before the forum.
T. Kalaiselvan, Advocate
(Expert) 01 August 2014
It may be a garnishee payment through an execution petition. You may proceed further as advised by experts.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
since full facts are not there I am unable to agree with Mr Kalaiselvan.
