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Salary attachment
10 months ago
Dear sir, myself and my wife have taken joint home loan and myself have taken a business loan which my wife is a guarantor. Due to covid time business suffered a heavy loss and I am sitting with no income. My wife is a govt servant and the entire burden is came to her from banks . We are unable to pay home emi and business loan. Bank sent a legal notice to take the home and also processing salary attachment from my wife. Will the banks take her salary for life time ? It’s our only living source of income and have to pay our two daughters school fees . Kindly help and advice us
A.Dear Client,
Salary, allowance or associated benefits of an official of the government, or private establishment can be attached, as an item of property, while executing a decree by a Court passed following the procedures for attachment as laid down in Order XXI, Rules 48 & 48A of the Civil Procedure Code(CPC). In the case of a government employee, the first Rs. 1000/- of the salary and the two-thirds of the balance amount of salary is exempted from attachment as per Section 60 of the CPC. The disbursing officer of salary, on receiving a court order, shall withhold and remit the installment of salary to the concerned authority as per the direction of the Court. In the given situation, you may approach the concerned Court, i.e, DRT and the concerned Bank for consideration purely on humanitarian grounds so that at least the tenure of recovery of outstanding debt be extended to reduce the burden of monthly installment of recovery from the salary.
Salary, allowance or associated benefits of an official of the government, or private establishment can be attached, as an item of property, while executing a decree by a Court passed following the procedures for attachment as laid down in Order XXI, Rules 48 & 48A of the Civil Procedure Code(CPC). In the case of a government employee, the first Rs. 1000/- of the salary and the two-thirds of the balance amount of salary is exempted from attachment as per Section 60 of the CPC. The disbursing officer of salary, on receiving a court order, shall withhold and remit the installment of salary to the concerned authority as per the direction of the Court. In the given situation, you may approach the concerned Court, i.e, DRT and the concerned Bank for consideration purely on humanitarian grounds so that at least the tenure of recovery of outstanding debt be extended to reduce the burden of monthly installment of recovery from the salary.
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A.Dear Sir,
Immediately you have to approach the Debt Recovery Tribunal or Higher Authorities of the Banks and see that loans are rearranged otherwise major portion of salary of your wife may be attached.
Immediately you have to approach the Debt Recovery Tribunal or Higher Authorities of the Banks and see that loans are rearranged otherwise major portion of salary of your wife may be attached.
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