Court attachment of salary refers to the process by which a court orders an individual's employer to deduct a certain amount of money from their salary and pay it to a creditor as payment for a debt. This process is often used as a means of enforcing a court judgment, such as in cases where an individual has failed to pay a debt or has been ordered by the court to pay damages to a plaintiff.
There are several steps involved in the process of court attachment of salary. First, a creditor must obtain a court judgment against an individual, either by filing a lawsuit or by obtaining a default judgment if the individual fails to respond to a lawsuit. Once the judgment has been obtained, the creditor can then file a motion with the court to attach the individual's salary as a means of enforcing the judgment.
The court will then review the motion and, if it is granted, will issue an order requiring the individual's employer to deduct a certain amount of money from their salary and pay it to the creditor. The employer is legally required to comply with this order and may face fines or other penalties if they fail to do so.
There are limits on the amount of an individual's salary that can be attached, however. In most cases, only a certain percentage of an individual's disposable income can be attached, and there are often exemptions for certain types of income, such as social security benefits.
It is important to note that court attachment of salary is a serious matter and can have significant consequences for an individual's financial well-being. If you are facing a court attachment of salary, it is important to seek legal advice as soon as possible to understand your rights and options. An attorney can help you explore alternatives to attachment, such as negotiating a payment plan or seeking bankruptcy protection, in order to avoid the attachment of your salary.
Salary Attachment Order Under Order 21 Rule 48 CPC
Generally, only one wage attachment at a time may be in effect for an employee. When there are two different decrees Assume that the salary is Rs 7000 per month. As per the section, the items of property liable to attachment in execution of a decree include almost every moveable or immoveable property. Therefore the amount of pension that reached in the account or hands of the pensioner is attachable since then. ADVERTISEMENTS: Every order made under this rule, unless it is returned in accordance with the aforesaid provision shall without further notice or other process, bind the employer while the judgment-debtor is within the local limits to which this Code extends and while he is beyond those limits, if he is in receipt of salary or allowances payable out of the funds of an employer in any part of India; and the employer shall be liable for any sum paid in contravention of this rule. Withholding will start at the maximum rate if the form is not received within this time period.
How can I stop court attachment in my salary
Salary is attachable only when it is due and not before R Viswanthan Nair v Thahasildar: 1974 KLT SN2. Thus there is absolutely clear provision under the Code of CriminalProcedure,whichlays downasto howthe amountofmaintenance,finalorinterim,istoberecovered. Types of Attachments and Princeton's Obligations Creditor Garnishments A garnishment is a summons issued by a court on behalf of a creditor to recover a legal debt owed by the employee. The exemption of first Rs. Court can attach salary Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates. But Dearness Allowance DA and House Rent Allowance HRA of an employee are exempted from attachment as per Government of India notification See Kousalya Devi v Praveen Bankers: 1979 KLT 932. However, a child support court order may operate simultaneously with a tax levy.
What is the Procedure for Attachment of Salary or Allowances of Private Employees in India?
You could better have taken order for attachment of his property, etc. City Compensatory Allowance CCA is also exempt from attachment Sasidharan v KCTSS Sangam : 1994 1 KLT 429. A garnishee order allows a Judgement Creditor to attach a money debt owed to the Judgement Debtor by a third party. Judgment Holder , leaving the remaining 50% for the survival of the employee. Moreover the bank branch is NOT within the territory of the Munsiff court. The subsection states that, where such attachment is made in execution of one and the same decree, such portion of salary shall, after the attachment has continued for a period of 24 months, be exempt from attachment in execution of that decree until a further period of 12 months. Once, you deduct those statutory deductions, then net wages come.
