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Regarding attaching salary and property in promisory note ca

Querist : Anonymous (Querist) 24 October 2019 This query is : Resolved 
Hi Experts I have 2 queries on similar subjects. I will be posting one after another. Kindly help me with your knowledge.

One person has borrowed money from me. He is not giving me back. I have promisory note which is signed by him. He is a central government employee and also has a house in my city.

1)Could you please tell what are the documents required for attaching salary of an central government employee in a promisory note case?

2)Could you please tell what are the documents required for attaching property of a person in a promisory note case?

3)Which is a quick and safe for me in the above. Attaching salary or Property or both ?

Kindly help with all 3 queries.
Isaac Gabriel (Expert) 24 October 2019
Anonymous are not encouraged.Post with your identity.
Querist : Anonymous (Querist) 25 October 2019
Respected Sir, I dont have any problem giving my identity. At the time of posting query one checkbox given to select if one wants to post as anonymous. Next time when posting will surely not select the checkbox button.

If possible kindly help me with the query as you are a expert in it.

KISHAN DUTT KALASKAR (Expert) 25 October 2019
Dear Sir,
You can attach his property which is called as ‘attachment before judgment’ as follows:
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Attachment before judgement

5. Where. defendant may be called upon to furnish security for production of property

(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court,

the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy, the decree, or to appear and show cause why he should not furnish security.

(2) The plaintiff shall, unless the Court otherwise directs specify the property required to be attached and the estimated value thereof.

(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.

10[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.]
Hemant Agarwal (Expert) 25 October 2019
1. Attaching Orders can be issued ONLY by the local Civil Court, by following due procedure of law.
a) Salary CANNOT be attached nor recovered from.
b) Property can be attached,

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Querist : Anonymous (Querist) 25 October 2019
Respected Kishan Dutt Sir and Hemant Agarwal Sir,

1) So its confirm that Central government employee salary cannot be attached in promisory note case ?
2) Can property attachment process can be started at the time of filing case itself (right from beginning).
3) if so what are the documents required for the attachment of property or salary. Property address is enough or anything else required ?
P. Venu (Expert) 25 October 2019
The salary could be attached only if in execution of a decree in suit. Property could be allowed to attached at the time of filing the suit if sufficient cause is shown
Dr J C Vashista (Expert) 26 October 2019
Did you obtain decree of the civil court in dishonour of promissory note for attachment of salary/property owned by judgment debtor?
What is the opinion and advise of your lawyer engaged by you for proceeding in your case? If you are dissatisfied by the performance/proceeding of your lawyer change him/her immediately.
If you feel strong to have second opinion and advise show the case file with relevant documents to a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Hemant Agarwal (Expert) 26 October 2019
1. Free guidance & suggestions have been given to you. IF you require a re-confirmed "confirmed reply" to suit your liking, THEN contact a local lawyer for a paid one-to-one consultation.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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