court recovery from salaries

P.RAVIKUMAR (Querist) 05 March 2009 This query is : Resolved
One of my friend at Andhra, working in a Central Govt. In a recovery of personal debt suit, the AP Court has ordered to recover a portion of his salaries to satisfy the debtors. Will it be applicable for his final settlement on his death (he is no more now).

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PALNITKAR V.V. (Expert) 05 March 2009
If salary is part of final settlment i.e. if he is going to get salary arrears, then perhaps debt can be recovered on the basis of the court order.

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AEJAZ AHMED (Expert) 06 March 2009
In addition to reply of Mr. Planitkar,

The Judgment Debtor, otherwise file a fresh Execution Petion and seek 'Stay of Release of Final settled Amount untill clearance of debt'.

So it is better to contact the J. Dr., and get settle the matter amicably for "Lesser Amount in One Time Settlement" to avoid any further dispute & delay in release of Full & Final Settled Amount of deceased Employee.

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