Law4u - Made in India

Can assets be attached in a recovery suit?

23-Mar-2025
Recovery

Answer By law4u team

Yes, assets can be attached in a recovery suit under Indian law. A court can order the attachment of a defendant’s assets to secure the recovery of dues. The attachment can happen before or after a decree is passed. 1. Pre-Decree Attachment (Order 38 Rule 5, CPC) The plaintiff must prove that the defendant is trying to dispose of assets to evade repayment. The court can order attachment before judgment to secure the claim. Example: If a debtor is selling property to avoid payment, the court can restrain the sale. 2. Post-Decree Attachment (Order 21, CPC) If the court grants a decree in favor of the plaintiff, assets can be attached to enforce the judgment. Movable and immovable assets can be seized and auctioned. 3. Types of Assets That Can Be Attached Movable Property – Vehicles, bank accounts, shares, etc. Immovable Property – Land, houses, buildings. Salary/Wages – Can be garnished under certain conditions. 4. Assets That Cannot Be Attached (Section 60, CPC) Necessary household goods. Salary below a certain limit (government employees get protection). Pension funds and gratuity. Agricultural land in some cases. 5. Process of Attachment The plaintiff must file an application for attachment. The court issues an attachment order. The attached property can be auctioned if the defendant fails to pay.

Answer By Ayantika Mondal

Dear Client, Yes, assets can be attached in a recovery suit. Recovery matters are governed by the Code of Civil Procedure, 1908 (CPC). Under Order 38 Rule 5 CPC the provision is given that in a recovery suit, the creditor has the right to request the court to attach the debtor’s movable or immovable property. The main purpose of this rule is to prevent the debtor from selling or hiding his assets from the court before the judgment. Once the decree is passed, the court has the authority to order attachment and sale of the debtor’s property under Order 21 CPC to recover the dues to the creditor. However, certain items are exempt from such attachment. Section 60 of CPC prevents the attachment of items like household items, tools of trade, and portions of salary. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Recovery Verified Advocates

Get expert legal advice instantly.

Advocate Shiva Shankara N

Advocate Shiva Shankara N

Civil, Cheque Bounce, Anticipatory Bail, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Cyber Crime, Breach of Contract

Get Advice
Advocate Aaqib Rashid

Advocate Aaqib Rashid

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rohit Mishra

Advocate Rohit Mishra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Tax, Revenue, Immigration, Media and Entertainment, Customs & Central Excise, International Law

Get Advice
Advocate Anil Kumar Pandey

Advocate Anil Kumar Pandey

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Dev Arjun Patole

Advocate Dev Arjun Patole

Banking & Finance, Cheque Bounce, Civil, Court Marriage, Cyber Crime, Domestic Violence, Recovery

Get Advice
Advocate Neeraj T Narendran

Advocate Neeraj T Narendran

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Media and Entertainment, Motor Accident, NCLT, Property, Recovery, RERA, Child Custody, Arbitration, Divorce, Insurance, Immigration

Get Advice
Advocate Amit Kumar Panchal

Advocate Amit Kumar Panchal

Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, R.T.I, Wills Trusts, Supreme Court, Property, Medical Negligence, Recovery, Revenue, Motor Accident, Media and Entertainment

Get Advice
Advocate Ravishankar Yadav

Advocate Ravishankar Yadav

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Wills Trusts, Revenue, Succession Certificate, Trademark & Copyright, Armed Forces Tribunal, Recovery, High Court, Insurance

Get Advice
Advocate Mit Barad

Advocate Mit Barad

Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Keshav Bhandari

Advocate Keshav Bhandari

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Trademark & Copyright, Wills Trusts, RERA, NCLT, Revenue, Succession Certificate, High Court, Criminal, Cyber Crime, Arbitration, Armed Forces Tribunal, International Law

Get Advice

Recovery Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.