LawRato

How to reclaim the surety amount debited from court


18-Oct-2025 (In Recovery Law)
I was the guaranter for certain amount to person and he did not paid the the amount. So financier filed case and court debited emi amount from my salary account and completed. After the person repaid the amount to financier. Now how can i proceed further to reclaim the amount which got debited from my salary. And where will the amount go after debited from my account .
Answers (2)

Answer #1
876 votes
As a guarantor, you have a right of recovery (right of subrogation) under Section 140 & 145 of the Indian Contract Act, 1872 once you have paid the borrower’s dues. Since the principal borrower has repaid the financier, you can issue a legal notice to both the financier and the borrower demanding refund of the deducted amount. The financier must return it or adjust it against the borrower’s repayment, as retaining it would amount to unjust enrichment. If they fail to refund, file a money recovery suit or consumer complaint for wrongful deduction with all proof of repayment and salary debit.
Helpful? LawRato LawRato
Advocate Pavani Kumari

Adv. Pavani Kumari

LawRato Guntur | 400+ Answers
Chat with Advocate Pavani Kumari Chat 
Answer #2
932 votes
we will deal all types of Civil and Criminal matters,Yu have given information that financer has filed a case fr which yu have taken loan from Financer to claim that amount,he filed a case on yu,the court attached your salary account which is Auto debited frm your salary account,come and approach in my office,so that we can seat and discuss yr issue,will solve yr issue, please come to office, will seat and discuss yr matter by get together,come and approach I'm my office
Helpful? LawRato LawRato
Advocate Chapala Srinivas

Adv. Chapala Srinivas

LawRatoHyderabad | 25+ Answers
Chat with Advocate Chapala Srinivas Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Recovery lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato