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

**manhav** · 14-Feb-10, 07:12 AM

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** · 14-Feb-10, 07:24 AM

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.