I'm so cross I could spit...
I believed with this new credit act things would be more open for the staff, emoluments and garnishees would not come thru as frequently.
I've just had the Sheriff delivering an emoluments attachment order for a staff member. He has to pay R300 per month, but at what stage did they do an assessment of his earnings? My staff member mentioned ' they had come last week advising him to pay before 30/11/07 R 546, which he said he agreed', now they issue the attachment order on his wages for R 1742.19.
am I jumping out of turn or can I argue this?
Bushbaby - the NCA has not replaced section 65J of the Magistrate Court Act with regards to emoluments attachment orders / garnishee orders. In terms of the Magistrate Court Act, the employee (debtor) has now in effect been replaced by you as the employer: this being the reason why the Order had to be issued from the Court closest to the employer (regardless of where the debtor resides). In the same sense it is also worth mentioning that, should you as an employer refuse to deduct the money from your employee, the person issuing the garnishee order might obtain a warrant of execution against your property. The empoyer can however at any stage with notice to the person issuing the garnishee order place the matter on the roll for arguments that after the said deduction of the court order the debtor would not have enough money to support himself or his dependants - this is a valid defence and the court will surely come to the defence of the debtor and either reduce the monthly payment or suspend the order.
The debtor (employee) himself can also approach the court to have the order amended and/or suspended.
Bushbaby, I smell a rat in your instance as your employee might have been the target of unscrupelous debt collectors - the debtor agrees to a certain amount to be deducted from his salary and the collection agency fills in the details and amounts. If, in your case, the employee signed blank documents, I would strongly suggest that you take the matter further and discuss it with a legal representative. In all probability the order will be rescinded with a hefty cost order against the collection agency and/or law firm.
Thank you - I will follow this up. I've had many of these over the years for our staff, this 1 just doesn't feel right. How come there was no assessment done (risk and if he could afford it)! Again thank you.
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