Garnishees/Emolument attachment orders

[sterne.law@gmail.com]

Hmmm, the judgement order from KZN seems rather strange. Even stranger is that no signature was requested when the documents were served. Does the order not have any details for the company or company's representative? If not it would appear to me that this is the cell phone company trying to make it look as if they have got a court order.
A judgement order needs to be signed by the clerk AND the creditor(or attorney thereof) and served as per any other process.

The order may be rescinded, suspended or altered on application to the court.

On an aside, 2 things which I do not remember being in any threads -
If the employee leaves your employ, you have to inform the creditor.
Secondly you may also deduct up to 5% from the monthly payment for costs.

[shaman]

the easiest way of removing a garnishee order is to make an application for adminstration......
you can contact me for further info...

[Dave A]

the easiest way of removing a garnishee order is to make an application for adminstration......

Just how does the adminstrator take charge of the financial affairs of the person under administration?

An old discussion on adminstration orders had me wondering.

[lion12]

hi,according to this topic isn`t there a legal procedure 1st to be followed like lawyers letters/demand letters?or can they just go ahead in first action issue a garnish order?and what about affordability?and what if the creditor does not want your payment arrangement and insists u make a loan to pay them?

[Justloadit]

I am no expert here, but by the time the garnishee order has been issued, all the legal routes have been followed. A magistrate decides what is affordable, and is not something decided by the creditor.

The creditor can not insist on the employer giving a loan to cover the outstanding amounts, and if they tried that with me, I will simply tell them to pi$$ off.

It is a huge responsibility on the employer to make the payment, as it is an offence to have taken the money from the employee and not have paid it over to the attorneys.