Share

Getting rid of a surprise garnishee order

A Fin24 user was surprised to find a garnishee order on his salary - something he claims he knew nothing about. He writes:

How can I stop an unknown garnishee order on my salary?

READ: Employee issued with garnishee order

Kobus Burger, attorney at Summit Garnishee Solutions, responds:

Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.   

A garnishee order is an order against the judgment debtor's employer to make monthly payments to the judgment creditor or his attorney, and, should the employer not oblige, the judgment creditor can issue a warrant of execution against the employer's property.

A judgment creditor, however, needs to comply with the Magistrate Court Act when issuing a garnishee order.
 
Amongst others, the judgment creditor is not allowed to apply to court for a garnishee order without first informing the judgment debtor that he is going to do so.

The fact that you do not know about the garnishee order is already alarming.

READ: Garnishee order system 'deeply flawed'

The best way forward is to go to your employer and get a copy of the garnishee order from him. Call the attorney or judgment creditor listed on the garnishee order and request all the documents on which the garnishee order is based.

Should you find any irregularities in these documents you can use them to approach court to have the garnishee order stopped.

We have found that there are very few attorneys or collectors who do everything according to the Magistrate Court Act when applying for a garnishee order, so your chances will be quite good should you want to rescind the order.

ALSO READ: Trapped by garnishee fraud

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
19.00
-0.3%
Rand - Pound
24.11
-0.0%
Rand - Euro
20.62
-0.1%
Rand - Aus dollar
12.38
+0.4%
Rand - Yen
0.13
+0.5%
Platinum
902.37
-2.3%
Palladium
1,004.75
-0.1%
Gold
2,152.94
-0.4%
Silver
24.93
-0.5%
Brent-ruolie
86.89
+1.8%
Top 40
65,985
-0.4%
All Share
72,193
-0.3%
Resource 10
53,312
-0.0%
Industrial 25
99,623
-0.9%
Financial 15
16,647
+0.2%
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