Share

Illegal debt collections

Shutterstock [http://www.shutterstock.com]
To demonstrate its seriousness to uproot garnishee order fraud and act rather than just advise, Summit Financial Partners has made an unusual commitment to Fin24 users to audit and challenge their garnishee documents - at no cost.

A Fin24 user is angry after paying the same debt twice. He now wants to know if he can take legal action. He writes:


A year back a garnishee order was put against my salary for a doctor's account. The amount was about R2 500. A year went by and it was paid off.

Suddenly the next month another R2 800 appeared on my salary as a garnishee order. I asked my salary department to send me the details. It was precisely the the same court order. 

I then contacted the lawyers and I asked for a statement. The lady was extremely rude and stated it would cost me R110. I received my statement and there was a total bill of about R4 500. It did reflect all my other payments from my salary, which left me with a balance of about R2 600.

They used the same court order twice to recover costs and charges that was not in the original court order.

My question is this month my last payment is going off. I still feel what they did is illegal and what makes me angry is that my work just complied without looking at the court order. Same one being used twice. Same date and everything. Should they not have queried it? 

I want to take this further. But I want to know if I can and how do I go about it.

CEO of Summit Financial Partners and 6cents.co.za Clark Gardner responds:

Your instincts are quite correct – it is absolutely illegal to collect twice on the same debt.

Please send any documents you have, as well as your contact details, to info@6cents.co.za. We will gladly challenge the attorneys for you.

- Fin24

Do you have a pressing financial question? Post it on our Money Clinic section and we will get an expert to answer your query.

Disclaimer: Fin24 cannot be held liable for any investment decisions made based on the advice given by independent financial service providers.

Under the ECT Act and to the fullest extent possible under the applicable law, Fin24 disclaims all responsibility or liability for any damages whatsoever resulting from the use of this site in any manner.


We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
18.80
+1.2%
Rand - Pound
23.51
+1.2%
Rand - Euro
20.14
+1.3%
Rand - Aus dollar
12.30
+0.8%
Rand - Yen
0.12
+1.9%
Platinum
923.00
-0.3%
Palladium
969.50
-2.1%
Gold
2,342.30
+0.4%
Silver
27.53
+0.4%
Brent Crude
89.01
+1.1%
Top 40
69,450
+1.5%
All Share
75,421
+1.5%
Resource 10
63,110
+1.6%
Industrial 25
103,850
+1.3%
Financial 15
16,077
+1.7%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders