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Thread: does any one know how to get a garnishee order reduced?

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    Unhappy does any one know how to get a garnishee order reduced?

    hi all

    im currently paying a garnishee order for R963 per month and i just received another one yesterday for R929 - different creditors. im a single mom with 2 kids and cannot afford to pay these amounts. Does any one know if i canget the reduced and the path to follow.
    Please, im desperate

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    Bronze Member Sieg's Avatar
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    Garnishees

    If the Garnishee order was made by a Magistrate's Court in terms of Section 65J of the Magistrate's Courts Act, then your answer is in Section 65J(6) which reads: "If, after the service of such an emoluments attachment order on the garnishee, it is shown that the judgment debtor, after satisfaction of the emoluments attachment order, will not have sufficient means for his (or her) own and his / her dependants' maintenance, the court shall rescind the emoluments attachment order or amend it in such a way that it will affect only the balance of the emoluments of the judgment debtor over and above such sufficient means."

    So you would need to ask the Court that made the orders to re-open the proceedings.

    I would suggest you contact an attorney in your area or seek legal aid at that Magistrate's Court.

    Hope this helps.
    Sieg

  4. Thank given for this post:

    Chatmaster (16-Jun-09), Dave A (06-May-09), QUINN (06-May-09)

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    Smile Hi Sieg

    Thank u so much for your help, im going to find an attorney who will be able to help me - hopefulyy wont be too expensive. Will keep you posted on the outcome

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    Quote Originally Posted by Tired and Stressed View Post
    Thank u so much for your help, im going to find an attorney who will be able to help me - hopefulyy wont be too expensive. Will keep you posted on the outcome
    Unfortunately Attorney costs are very high and our NPO is currently working on a process that will lower or set aside Emolument attachment's based on the fact that so many are illegal because of effecting employees affordability, also many of these are obtained in the wrong court jurisdiction and sometimes have no case number..These Emolument orders are not worth the paper they are written on.
    Hopefully we will be able to start helping people who are clearly being taken advantage of.
    Thank you...

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    Site Caretaker Dave A's Avatar
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    Welcome to TFSA, Vuka

    Which NPO are you with?

    As an employer, I'm also curious about your comment about illegal emolument attachment orders. If I was given such an order and instructed to deduct the money from my employee and pay over per the order, do I just go ahead or are there things that I should be checking first as the affected employer?
    The trouble with opportunity is it normally comes dressed up as work.

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    Full Member totius54's Avatar
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    What process should we follow when the order is served.

    If the order is served by a messenger of the court.

    What if it arrive by fax or email or post.

    How do we determine if the employee can afford it (affordability)

    I can't get to grips why these retail stores give credit knowing the person can not afford it,

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    Full Member Upstairs's Avatar
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    Go to the person who does your payroll. Let them send a letter to the company who issued the order informing them about the amount that is too high, and negotiate to pay what you can afford. If they refuse, inform them that in that case you'll place yourself under administration in which case they'll get zip. Good luck.

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    hi contact the lawerys dealing with yr garnish aggrement and explain the situation to them, by law they have to accomodate you, also tell them you are a single parent. Hope you come right, good luck

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    You can perhaps also contact this company:
    http://www.fairdebt.co.za/

    They seem to act on behalf of consumers in debt disputes.

    I stumbled upon their name while reading a document on the NCR's web site:
    http://www.ncr.org.za/publications/G...UDY-REPORT.pdf
    (the case studies from page 70 onwards)

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