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A Fin24 use wants to know what's the amount a court can set to be deducted from a debtor's salary.
She writes: "A person that we borrowed money from is busy with legal action against us and want the court to decide on the amount that we should repay each month. What is the maximum percentage of one's salary that the court will allow?"
Wikus Olivier from DebtSafe answers:
Good day. There is no maximum percentage in law. The magistrate will most likely make a ruling after considering all your means of income and all your expenses. The responsibility lies with you to prove to the court what you can afford.
If your creditor wants you to pay R3 000 per month, the responsibility lies with you to prove that you can only afford R1 000 per month.
I suggest that you construct a proper monthly budget of your income and expenses. Combine it with your latest three bank statements. Use this to prove your affordability to the court. With the evidence in the court the magistrate cannot rule that you pay an amount which is beyond your own means.
If you do not have an attorney, I would also suggest that you get representation in this matter. Hope all works out fine for you.
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