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Thread: garnishee order for my domestic worker

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    Angry garnishee order for my domestic worker

    Hi, some advice please:

    I was presented with a garnishee order for my domostic worker instructing me to deduct 33% of her salary and to deposit it to into some account. This order was delivered by the sheriff Kemptonpark. I have not signed for this. Question is if I have to abide by this order? This would require significant effort and some cost to make a payment via a personal cheque into their account. Who pays for that? This will also sour my relationship with my domestic worker and she looks after my kids sometimes. I really do not want to get involved in this!!!!

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    Email problem BigRed's Avatar
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    Quote Originally Posted by tgeldenhuys View Post
    I really do not want to get involved in this!!!!
    Hi

    Unfortunately you have to....
    I am not sure of the legality of the sheriffs document as you haven't signed this, but end of the day it is the responsibility of the employer to attend to these garnishes, including the costs thereof.

    Here at work we are dealing with (partly) multiple garnish orders against a number employees. A whole new HR ballgame that by law, the employer needs to handle.

    If there is a way around this, I'd looooove to hear about it

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    Platinum Member sterne.law@gmail.com's Avatar
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    A garnishee order is an order of the court and you need to abide by it. Yes, some times the employer is seen as the enemy, which is unfortunate. What is important is to bring it to the employees attention immediately. The costs may be passed on to the employee.
    You could also, depending on the amount, sort the bill out and then deduct a smaller amount from the employee, as a way of making things easier.

    The employee may go or enter talks with the creditor to reduce the monthly payment. They are normally loath to do this as a garnish order is the last resort, in other words all attempts to discuss have been ignored by the party owing the money and so good faith talks are unlikely.

    As to multiple garnish orders, employees or unions try and take up the position that an employer may not deduct more than 25% of the wage as per BCEA This however is related to a deduction, that the employer is making for an employment related issue. The garnish orders are orders of the court and it would be contempt if the employer did not obey.
    Last edited by sterne.law@gmail.com; 10-Feb-10 at 10:51 AM. Reason: Poor spelling or fast and bad typing
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  4. Thank given for this post:

    BigRed (10-Feb-10), Dave A (10-Feb-10)

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    Email problem BigRed's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    The costs may be passed on to the employee......
    What you are saying is that the cost for the admin team as well as additional banking fees can be brought against the garnishee?

    Kinda unfair as the individual is sitting in that position a he could not afford to pay off whatever he bought / owes...

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    Diamond Member AndyD's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    The costs may be passed on to the employee.
    This kinda makes sense but surely the costs would be negligible to the point that it wouldn't warrant the employee being charged usually.

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    Diamond Member tec0's Avatar
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    What I find interesting here is how far people will go get their money. Well In all honestly I am not sure about the laws. However, if you are made liable by court to insure payments it seems that we are entering in a totally new ballgame.

    Is there even a payslip? If not how was the credit approved? The person claiming the money is always aggressive and I have found once you start asking the question.

    A>> who approved the credit an on what bases?

    B>> is the amount more than what the person can afford? “If so go back to question A”

    C>> Contact the creditor and ask for the paperwork!

    If all paperwork is in order then there is not much more than what you as a person can do. But I have found in most domestic cases credit was given to people that is NOT credit worthy and they are taking a big chance.

    Normally I never had to go this far but you can get help.

    To find out more go this webpage: http://www.ncr.org.za/
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Email problem BigRed's Avatar
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    Its all about making money. Retail outlets sell goods knowing full well if the person buying (and signing) doesnt pay, they are handed over to the courts where a garnish is issued to the respective employers......

    Credit checks.... all we receive is regular calls confirming employment, no more

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    Diamond Member tec0's Avatar
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    All I am saying is contact the NCR and make sure that the credit agreement is legal. I have found in most cases that the so called creditor gave credit without doing their homework first. If this homework wasn’t done correctly then the chances are that the “employee” was never credit worthy to start with and then you can ask the NCR for counter proceedings.

    This will be one hell of an exercise but if someone is taking chances and they wish to implicate you, then go to the right people, ask the right questions and once you know the facts byte back and byte hard!
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Email problem BigRed's Avatar
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    Quote Originally Posted by tec0 View Post
    All I am saying is contact the NCR and make sure that the credit agreement is legal. .....
    Thats a moer of an exercise

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    Platinum Member sterne.law@gmail.com's Avatar
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    Well the cost of the admin team would be pushing it. But more importantly, if we want to talk unfair, is when I say the cost can be charged to the employee, that is the choice of the employer. From a management perspective, the cost is so minimal, that i do not see the sense.
    The legal costs are borne bythe employee. Although, as you point out, that is harsh, because teh person is in trouble, the garnish order, being a judgement, is only after all other attempts have been made. That is the employee has ignored calls and letters and has made no attempt to settle the debt. One cannot run away from problems, they need to be dealt with, taht includes being in debt.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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