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Ramakrishna   03 March 2018

Gurantor

Sir, one of my friend stood guarantor for a personal loan. She didn't ask for the consent from the employer (govt employee). Since the loan amount was not paid the bank started recovery proceedings against the guarantor. Bank issued a legal notice to the employer (our office) for recovery. How the bank can send legal notice for recovery to the employer if employee stood guarantee in her personal capacity without intimating the office? Regards.


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 4 Replies

R.Ramachandran (Advocate)     04 March 2018

You are not telling all the sequence of events.

You are sure that the bank has not sent any legal notice to the employer, but something other than legal notice and that too with some supporrting document

Therefore, please tell everything without hiding.

G.L.N. Prasad (Retired employee.)     04 March 2018

Are you employer ?

Let the employer consult his advocate and respond the Bank's order.

Normally bank always prefers attachment of such salary through court as per law stated above.

When they can take possession of a house and properties, they can also attach salaries and get such recovery from salary through Court.

Has the employee taken permission of employer before standing as guarantor an whether such permission mutually required ?

All these excuses are lame and frivolous, both the borrower and guarantor have the same responsibilities to Bank but guarantor's responsibility is secondary and may arise on failure of borrower.

Sudhir Kumar, Advocate (Advocate)     05 March 2018

Govt servant is not required to seek permission of deptt before being guarantor of someone (unless he himself is the borrower).

 

Govt deptt cannot recover such liability from salary unless there is court attachment order.

G.L.N. Prasad (Retired employee.)     05 March 2018

This is precisely my point.  

"Normally bank always prefers attachment of such salary through court as per law stated above."

Kindly look at facts of the case.  Employee offered the guarantee (not mandated to obtain permission)

To make a favour or for some obligations not known, employee offered the guarantee.

Employer is in no way concerned.  Bank in a lawful way exploring the possibility of reminding the responsibility of a guarantor.

The employee who is equally responsible for the loan to bank in equal footing for repayment, now brings in duties of employer and questioning the proper conduct of the Bank in issuing notice.  Bank has to issue the notice because, it must first get confirmation, that there was no attachment prior to their notice, and to to know the salary that can be attached afterknowing sustenance and to know whether that salary that can be attached covers reasonable amount that can be used as monthly repayment.  (Some times even the attached salary may not cover interest portion)

Now the friend of guarantor raising this query:

How the bank can send legal notice for recovery to the employer if employee stood guarantee in her personal capacity without intimating the office? Regards.

The friend with a concern about guarantor,  concludes that because she has not intimated the guarantee, a Bank can not send legal notice for recovery to the employer .


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