Are Garnishee Orders Legal in South Africa
What is a garnishee order?
A garnishee order, also known as an emoluments attachment order (EAO), is a court-approved order that directs an employer to deduct money from an employee’s income or wages in order to pay off and settle a debt. It is delivered by the sheriff/court messenger.
What are the types of Garnishee Orders?
1. Garnishee Order for Wages or Salary.
2. Garnishee Order for Debts.
Are garnishee orders legal in South Africa?
A garnishee order is a legal and valid order issued by the court of law in South Africa.
What is the garnishee order procedure?
The garnishee must apply to the magistrate’s court. A magistrate in a court near where you work or live will issue a garnishee order. The garnishee and the debtor will be notified in writing of the garnishee order and given copies, and the debtor will be given the opportunity to appear in court to demonstrate whether or not the debt is legal. And if it is, how much they can afford to pay towards servicing the debt.
What documents are required to obtain garnishee orders in South Africa?
1. The relevant application form.
2. An affidavit stating the identity of the debtor (the person who owes the money).
3. Confirmation of a judgement in the creditor’s favour (the person or company who wants to be paid back).
4. The total amount owed and how much will be deducted each month.
Can a garnishee order be cancelled?
Garnishee orders can be cancelled or revoked through a court application. The debtor may apply to the Court for the order to be set aside if he can provide “good reasons,” as defined in Magistrate’s Court Act 32 of 1944.
