What was the final outcome of the two petitions filed by you to recover the amount in pursuance of the court deciding the case in your favour in 2003? Did you press for the attachment of her property? Unless the final order of the court is perused it will be practically impossible to decide what would be the scope and ambit of your further legal remedy against her.
Defendant not paying money even after suit for recovery is granted
Dear Sir, My Dad has lent money to one lady who is working as Nurse in govt hospital in 1999. The case went to court, as the lady tried to commit suicide saying that few people(including my Dad) are bothering her to repay money( in court it is proved fake and case is cancelled) Later we filed as case to repay our money, for which the court has granted suit of recovery in 2003(after 4 years). But that lady is not paying a penny till now. We have filed two petitions till now asking to repay the money, for which lady answered to the court as her salary is all going for loan instalments etc.. My question is " Is there any act or rule using which I can demand her explanation for not paying money since 11 years". Can I demand her to provide her bank statement since past 11years by any rule. Any rule or act to demand statement of her investments, property with proofs.. Because this is a straight cheating providing fake information everytime.. please help ? please ??
Asked 10 years ago in Civil Law
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3 Answers
The two petitions was for salary attachment only. The petitions were rejected saying salary attachments already exist under other cases. We are not aware of her property. She already transferred her property ownership to her sisters. Very planned cheater. By any civil rule can we demand her to justify on this as we are waiting for money since 11 years
Asked 10 years ago
She took all money possible from her connects in the years before 1999. She did a suicide drama which was proved fake and the case is dismissed. (Stated in my first explanation). There are many people that she has to pay. We filed 5 cases against here - all the five are money bonds worth more than 5lakhs in 1999 itself. All five cases got decree. We tried for salary attachment, property attachment but no luck. Salary is already attached to some other cases filed by other guys. She has so many cheating cases on her in different courts, local , regional n district courts. No common forum of cases, so that we tell court that she is a cheater. Even she has paid our lawyers not to work against her. We are planning to change lawyer now. In another three years she is going to retire and run away with of. Not sure what to do. Anyway to stop her pf amount and ask her to pay us from that.
Asked 10 years ago
Sir, there is a rumour that all cases which are attached to her salary are fake. Those all are from her own relatives.. its a rural area here, people are so dumb. My dad himself is not sure what reply we got for our petition. Lawyers are gods in our context. I called up lawyer asking about petition - he replied that both petitions were rejected as her salary was already had attachments. Sir, do you find any loop hole in this case. How come Tax depot has rules to ask proof of
Asked 10 years ago
How come tax depot, banks has authority to ask statements, investment proofs everything. Why can't I being a proven lender can ask her the same... the bank statement. Justification... my lawyer tell that we don't rights to ask her, only we can file for attachments.. is it true??
Asked 10 years ago
Which were the 'other cases'? Was her salary order to be attached in any other case filed by you? As a defaulter she could have been sent to jail for failing to pay the amount she was held obligated to pay by the court. The transfer of property was seemingly an escape route planned by her to obviate the possibility of attachment. There is nothing such as a 'civil rule'.
I think you have replied yourself to the question asked by you inasmuch as you have stated that your lawyers were won over by her. It is unfathomable as to how she has not been sent to jail for defaulting to pay the amount she was ordered to pay by the court. This indubitably manifests shoddy legal representation for reasons best known to your lawyer. You should have changed your lawyer a long back if you suspected he was acting in cahoots with the defendant to provide her an escape route. A lawyer who is upright and has a sound legal acumen can turn the table in even the most fragile cases. Without perusing the documents in a thread bare manner no lawyer can acquaint you with loopholes, if any, in your case.
All I can suggest is that now engage at the earliest a lawyer who you know will not act against his conscience, and show him all the case related documents so that he can chalk out the further legal recourse that would subserve your interest.
He who acts against his conscience loses his soul.