Regarding surety signed for loan by my father
Grateful to have such a platform to make the accessibility of legal advice to a common man.
My father is TN government servant. He signed a surety for loan for his friend's son before 3 years and we received notice from court regarding the non-payment before 1 year. When we asked about that they told, all the amount have been paid and loan already closed. But before 3 months we received another notice from court to appear in court. Then I went to lawyer, he told that if you would not appear they will attach my father's salary and deduce that amount from his salary. When again I approached my father's friend, he told he's having all the documents and can fight legally. But when we checked all the documents, we found he's trying to betray us.I'm putting all my known information to get comprehensive picture.
1. My father's friend was a government servant and he got retired before 3 years. My father signed the surety purely based his relationship with him, not with his son.His son is a private employee.
2.My father is 4th defaulter as per agreement. 1st defaulter is father friend's son and 2nd defaulter is father friend.No information regarding 3rd defaulter apart from his name.
3.My father's friend owns a property and his son owns a car.
4.Both (father's friend and his son) told that they had not received any notice from court.
5. Can I do anything by attaching my father's friend property to get out of this case?
6. Can I take this issue to lok adalat, will it posses any result?
7. What else I can do to release my father from this case?
8. Amount to be paid is around 3.2 lakhs which is a huge money to middle class person
After facing all these issue, our family got demoralized and lost happiness what we had before 3 months.I will be grateful, if anyone gives good news to release my father from this case or any other possible things I can do to get rid of this.