Salary attachment of jdr
vamsi
(Querist) 17 August 2023
This query is : Resolved
jdr is a government teacher, and his garnishee received the warrant in 2017. E.P. is allowed in 2019. when i filed the sent for petition in 2021, garnishee sent his reply to the court that the jdr is transferred to another school in the year 2022. through the court, new garnishee also received the salary attachment warrant in this january-2023 but he did not respond in anymanner. what are the steps to take. please suggest me. thank you to all.
kavksatyanarayana
(Expert) 17 August 2023
An order against the garnishee, “where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.”
T. Kalaiselvan, Advocate
(Expert) 17 August 2023
”
Rule 46-B: Order 26, CPC: against garnishee, “Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.”
The Rule 46B also provides that what type of order can be passed against the garnishee. It only says that the executing court can pass the order against the garnishee to pay into Court, "the amount due from him to the judgment-debtor".
