Enforcement of a decree

Kumar (Querist) 04 December 2013 This query is : Resolved
I borrowed 75000/- from a friend 8 years back. when i failed to pay two months interest he served notice.He filled the IOU the amount as 2.25 lacs and claimed with interest. For not appearing the case was settled exparte.he got a decree to attach my salary .Paid for about 34 months around Rs2800 per month. Gave VRS and came out in 2008. My pay commission arrears was also paid by dept to court directly amounting to 80000.Now he served another notice for the balance amount of around 1.25 lacs. can I request to give time or borrow from somewhere to get rid of him ?

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Guest (Expert) 04 December 2013
I really regret for you.It is the price paid by you for ignoring the court summons.You could have sorted it out there itself.Now further dont give any cheques to get temperaory relief and dont complicate the issue further since I could read your minds.What you have paid him is more than enough.Approach a shrewd local Advocate with all documents from day 1,salary attachments etc.and he would save you and get you relieved out of it

Dr J C Vashista (Expert) 05 December 2013
Engage a local lawyer

prabhakar singh (Expert) 05 December 2013
Agree with experts.You should not now create any new documentation of promise.It appears he has an ex party decree partly satisfied and partly in arrear. Pass time by oral request with him,if not feasible,see a local lawyer.

malipeddi jaggarao (Expert) 05 December 2013
See a local lawyer who can guide you and save you from further loss.

Rajendra K Goyal (Expert) 05 December 2013
Contact local lawyer.

BAALASUBRAMANNYAMM (Expert) 05 December 2013
You have to pay the balance of E.P.amount as per the decree of court, even though you have paid the amount, which is more than the borrowed/advanced amount.You would not be relieved unless and until, the total decree amount pays.

Guest (Expert) 05 December 2013
Dear Mr.Kumar your Advocate could always file Set Aside petitions for E.P.Orders and condone delay on suitable grounds.If you are not able to engage an Advocate Approach the Free Legal Aids Forum which is available in all the courts and they would definitely Take Care and do not worry If this is conducted by the Respected Members of Free Legal Aids it would be an additional merit in this case'At any cost do not execute any further documents or issue cheques or sign any letters or papers if any harassments complain to police immediately

P. Venu (Expert) 05 December 2013
Action of your Department is wrong. They could have attached the pay only for a period of 24 months.

Details are provided under Section 60 of Civil Procedure Code.