[Question] does any one know how to get a garnishee order reduced?

[Tired and Stressed]

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

[Debbiedle]

Hi - hang in there! This is a good place to start I think

http://quinn-thefinanceguru.blogspot.com/

http://cashsinaflash.blogspot.com/

http://debtcare911.blogspot.com/

[Sieg]

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

[Tired and Stressed]

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

[Vuka]

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...

[Dave A]

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?

[totius54]

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,

[Upstairs]

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.

[mich]

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

[Jaq]

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/GARNISHEE-ORDERS-STUDY-REPORT.pdf

(the case studies from page 70 onwards)

[manhav]

Hi all

Remember that an emoluments attachment order is an order of the court. Such can not be granted unless certain documentation has been given to the clerk of the civil court.

Such an order is only effective if it was served by the Sheriff, not via fax, e-mail or post.

As employer, there is no duty on you to make enquiries upon receipt of such a notice. You are, however, obliged to inform your employee of the service of such an order.

If he denies knowledge of such a creditor, or the amount etc, you may advice him to seek legal assistance.

If the order was served on you by the Sheriff, you can accept that the order is genuine. Should you fail to adhere to such an order, you will be found guilty of contempt of court.

If you as the employer knows the financial position of the employee, and you know that he can not afford it, contact the attorney, explain the circumstances and request a lower installment. The Section 65J procedure is available to the employee.

See my further posts under the Thread:garnishee order for my domestic worker

[manhav]

I realize that we are all feeling the effect of the current economic crisis.

However, I get the idea that everyone blames the creditor for giving credit to someone who can not afford it. Yes, I admit that there were a few, and there may even be some today, who stand reckless to the financial position of the debtor. The NCA is clear on what will happen to reckless trading and traders. I will not discuss this issue now.

But, everyone seems to ignore the fact or possibility that, at the time of the granting of the debt, the debtor may have been in a position to afford the debt.

We also seem to forget that some debtors forge salary advices in order to obtain credit, we also seem to forget that debtors sometime supply false information regarding income and expenditure. We also seem to forget that a debtor's personal and financial circumstances may have changed from the time of the granting of the debt.

I suggest that we must have the full facts before the creditors are getting blamed for reckless trading.

[shaman]

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