Tuesday 16 September 2014

GARNISHING ORDER



“THE WORLD TRIBE” Reported that following are the situations when Court Issues Garnishing Orders:

If you want to take money from somebody and you have documented proof for that, it means that you are entitled to recover money from that person. There are Two ways to recover money:
1.      By filing suit in Court
2.      By Issuing Garnish order from Court
By Filing Suit in Court:
You can file a suit in court to recover money from a person. To recover money through court is a lengthy process.

By Issuing Garnish order from Court:
The other way to recover money from a person is that; to request to the court to issue              Garnish Order. It is a quick process and it is commonly used if there is a threat that the other person is going abroad.

Garnish Order:
Garnish order is an order by the court to the bank that in particular accounts no Debit transaction will be carried out. When garnish Order issued by the court against a Account’s Holder, he could not withdraw a single rupee amount from the account. Account holder, whose account is freeze, come to court and give his statement about the case. After that trial he will be carried out.

Example 1:
If a person claims 25 Lac rupees and after that trial it is prove that he is entitled to recover only 5 Lac. In this case, Court issue order to the Bank that pays 5 Lac rupees from person holder’s account to person claiming only.

Example 2:
If a person claims 25 Lac rupees from an account holder. Court asks the Bank about the Balance in that person’s account. Suppose in that account, balance is 1 Million, which is much less that claimed amount. In this case, court will not freeze the whole account but issue Garnish Order to freeze the claimed amount only.



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