Recovery of payment

kishore (Querist) 06 September 2011 This query is : Resolved
sir...i have taken amount from X and Y private persons...they filed suit to recover money from salary...next actally right now my salary is less becaz already X recovery taking place from salary....next i have problems for paying rents,schoolfees....is there any law to stop recovery of second Y person....

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Raj Kumar Makkad (Expert) 06 September 2011
Recovery can be made only up to 1/3 of the salary so if both creditors (now decree-holders) have come in execution, court can decide their share to be recovered per month out of salary as proportionately.

Guest (Expert) 06 September 2011
In addition to the reply of Shri Makkad, I may add that in the the attachment of salary case DA, HRA, CCA will also be exempted from attachment.

Also, the decree of attachment of pay, if issued, can be executed only up to a total period of 24 months, not beyond that.

prabhakar singh (Expert) 07 September 2011
i find no reason to differ with experts opinions expressed here in above.

kuldeep kumar (Expert) 09 September 2011
makkad ji pls further elucidate for our guidance how far salaried mans income can be attached..i read 1/3 but somewhere its upto 2/3rd..what is that..pls mention diffrent ways of attachement of salary...

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