Show Cause Notice Next Steps

Asked in Recovery

  • Naga Siva Sankar Kolla

    Chennai

Expert's Answers(2)

  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    First recovery suit will be processed and after that attachment proceeding will occur.

    July 23, 2024
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Dear Client, A show cause notice is issued by the court to the defendant, requiring them to explain why a certain action should not be taken against them. In your case, it’s likely related to why their property should not be attached to secure the amount claimed in your suit. If the court is not satisfied with the defendant's explanation, it will issue an attachment order. When the court issues an order of attachment, it means the property is temporarily seized to prevent the defendant from transferring or disposing of it. Once an attachment order is issued, the defendant is generally restricted from transferring or encumbering the property. Any transfer of the property after the attachment is illegal and can be set aside by the court. Financial institutions typically require a clear title before granting loans. If a property is under attachment, it is unlikely to be accepted as collateral. Should you require any further explanation, please do not hesitate to contact us.

    July 23, 2024