Garnishee Audit Service

What is a Garnishee order?

What this essentially means is that the employee is in effect replaced by his employer who now becomes obliged to pay to the judgement creditor a determined amount (on the terms as set out in the court order) until such time as the judgement debt and costs of such order are settled in full.

With garnishees being in the news the past few years, protecting the employee has become paramount in our vision of providing the garnishee audit service.

The main focus of the service entails:

  • Ensuring legal compliance of the “Garnishee Order”.
  • Ensuring the accuracy of fees payable.
  • That interest payable within the legal framework.
  • Confirming outstanding balances.

All the above checks and balances forms part of ensuring that the correct processes were followed and adhered to according to the South African Law.

After a garnishee complies with the set rules, the data is captured on our management system that allows Sucaba to:

  • Process Payments
  • Create electronic remittances
  • Create employer detailed management reports

After a garnishee complies with the set rules, the data is captured on our management system that allows Sucaba to:

  • Process Payments

  • Create electronic remittances

  • Create employer detailed management reports

GARNISHEE ORDERS

  • What is a garnishee order?

    To put it simply, a garnishee order is a legal notice that allows a creditor or third party to recoup or retrieve funds from a debtor by means of a deduction from their salary or other sources of income. This means that your employer will pay your credit providers before your salary is paid to you. This also means that the creditors can retrieve their money from those who owe their debtors, as legally those finances are due to them. In this case it is a court order to the debtor directly, with no specified source, which is different to the emolument attachment order.

  • What is an emolument attachment order (EAO)?

    While under a different name, this is in essence the same as the garnishee order, with one subtle difference. An EAO is specifically aimed at the debtor’s employer. This allows for the creditor to recoup owed funds by directly taking it out of the debtor’s monthly salary, taking out the debtor as the middleman, in a sense.

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  • What is a garnishee order?

    To put it simply, a garnishee order is a legal notice that allows a creditor or third party to recoup or retrieve funds from a debtor by means of a deduction from their salary or other sources of income. This means that your employer will pay your credit providers before your salary is paid to you. This also means that the creditors can retrieve their money from those who owe their debtors, as legally those finances are due to them. In this case it is a court order to the debtor directly, with no specified source, which is different to the emolument attachment order.

  • What is an emolument attachment order (EAO)?

    While under a different name, this is in essence the same as the garnishee order, with one subtle difference. An EAO is specifically aimed at the debtor’s employer. This allows for the creditor to recoup owed funds by directly taking it out of the debtor’s monthly salary, taking out the debtor as the middleman, in a sense.

  • What does it mean for you?

    If a judgement has been granted by the court and the debtor has not paid in time, a creditor can apply for an attachment of debt, allowing them to recoup their lost money. The application process requires an affidavit to be provided as well as supporting documentation that proves the situation and judgement of the court. The application must be processed at a court within the district of the debtor’s residence or employment. Once the court has inquired as to the financial position of the debtor, including their dependants and financial needs, the court may then order payment in reasonable instalments to the creditor.

  • What are the legal implications of a garnishee order?

    As a court judgement, the garnishee order may be enforced accordingly as a warrant of execution – this warrant means a bailiff of the court or in simple terms, a legal officer has the power to go to the debtor’s address and recoup goods to the value of the needed amount. The debtor can dispute the liability, however, this would require them to appear in court and show cause as to why the debt should not be paid.

  • Can the order be halted?

    The court has the power to not only rescind (or cancel) the order, but also to amend and suspend the judgement of the order. However, the court is forced to cancel or amend the order if the debtor does not have the means to support themselves and their dependants and pay their debt as well.

    Whether creditor or debtor, there are implications for both sides which allows the debt to be resolved as soon as possible.

  • The new law on garnishee order

    In 2016, the Constitutional Court declared that the management of the garnishee order and that decisions of whether a salary should be attached by a garnishee order cannot be made by a clerk of the court, instead that decision is now put to the magistrate who should firstly look at whether it would be just and equitable to grant the EAO and whether the debtor would be able to afford it.

  • How to cancel a garnishee order

    A garnishee order can be rescinded (or cancelled) based on these grounds:

    • Lack of jurisdiction.
    • The judgement debtor did not consent to the issuing of the EAO or garnishee order and the court did not authorise the order.
    • The judgement debtor was not duly notified.

  • How long is a garnishee order valid for?

    Before an emolument attachment order can be granted, a judgement would have been issued, which is valid for 30 years.

  • Can a garnishee order be stopped?

    A garnishee order can only be stopped by an application at the court to have the order stopped. It can also be stopped if the judgement creditor informs the employer or garnishee that they no longer need the money to be deducted from your salary.