What is an Emolument Attachment Order?
An emolument attachment order is a court order that instructs your employer to deduct money from your salary to pay your debt directly to your creditor. It’s also commonly known as a garnishee order. Creditors often apply for EAOs through the Magistrate’s Court when debtors fail to stick to repayment agreements. Once granted, the deductions continue until the full debt, plus legal costs and interest, is paid off.
While EAOs might help creditors get their money back, for debtors it can be devastating. Imagine seeing a chunk of your salary missing each month with no clear end date in sight. This financial pressure affects everything, from putting food on the table to paying school fees and covering transport costs.
How Do Emolument Attachment Orders Affect Credit Scores?
Here’s the reality: an emolument attachment order has a significant negative impact on your credit score. Your credit report records the EAO as a judgment against you. This signals to other potential lenders that you failed to honour repayment agreements, and they’ll see you as high-risk.
A poor credit score limits your ability to access future credit. Whether you’re applying for a credit card, car finance, personal loan, or even renting a flat, your chances are slimmer with an EAO recorded. Credit providers use your credit score to measure reliability. An EAO on your record tells them you’re under debt stress and already have part of your income committed elsewhere.
How Long Does an Emolument Attachment Order Stay on Your Credit Report?
An EAO can remain on your credit record for up to five years or until the debt is settled in full and the judgment rescinded. Even after it’s paid off, it’s important to ensure your creditor updates your records with credit bureaus. Otherwise, your credit profile will continue reflecting you as a high-risk individual, harming your future prospects unnecessarily.
If you’ve recently finished paying off a debt under an EAO, check your credit report to confirm that it’s been removed. If it’s still there, contact your creditor or seek assistance from professionals like DCM Corporate to resolve it quickly.
Can You Challenge or Reduce an Emolument Attachment Order?
Many people don’t realise they can challenge or reduce an EAO if it is unfair or unaffordable. The law states that deductions can’t exceed 25% of your gross salary, and you must be left with enough income to survive. If deductions leave you unable to provide basic necessities for yourself or your dependants, you can apply to the court to amend or cancel the order.
You also have the right to receive statements from administrators or attorneys managing your EAO. These statements show how much you’ve paid, what’s outstanding, and if additional costs or interest are being added. Sadly, unethical administrators sometimes don’t provide statements, leaving debtors paying for years without knowing how much they still owe.
Why Are Emolument Attachment Orders So Controversial?
While EAOs are a legal debt recovery method, they’re often criticised for trapping people in lifelong debt. Many debtors don’t fully understand the order before deductions start, and some only find out when they see their salaries reduced. Others end up with multiple EAOs deducted from the same income, leaving little to survive on.
The situation worsens when legal fees and interest accumulate beyond what was originally owed. For example, if you owed R10,000, charges and interest can keep increasing payments indefinitely if not regulated correctly. This is why some South Africans see EAOs as exploitation rather than debt recovery.
How To Check If Your Emolument Attachment Order is Legal
Always check if your EAO is valid and enforceable. The original order must have a case number, court stamp, and attorney signature. It should also be issued by the correct court in your area. If it wasn’t issued by the Magistrate’s Court where you live or work, it could be deemed unconstitutional and invalid.
Contact your employer to see the original order, and approach professionals like DCM Corporate to verify it. They can confirm if fees and deductions comply with the law and negotiate with attorneys to rescind illegal or unaffordable orders.
What Happens If You Don’t Challenge an EAO?
If you ignore an EAO, deductions will continue indefinitely until the debt is fully repaid, including legal costs and interest. If your salary deductions leave you unable to meet your monthly living costs, you risk falling deeper into debt by taking out more credit to survive, creating a dangerous debt cycle.
It’s important to take action as soon as you receive notice of an EAO against your name. Contact professionals to guide you through your options and ensure your rights are protected throughout the process.
DCM Corporate’s Solutions for Emolument Attachment Orders
At DCM Corporate, we understand that a garnishee order is more than just a salary deduction – it’s a personal crisis affecting your life and financial wellbeing. Here’s how we can help:
Compliance and Legal Support
We ensure all garnishee orders are managed in full compliance with legal requirements. DCM Corporate provides access to legal advice to navigate the complexities of attachment order regulations, ensuring your rights are protected in the workplace.
Debt Management and Counselling
Our team offers personalised financial counselling to help you understand your financial situation, develop effective debt management plans, and negotiate affordable repayment plans with creditors to minimise financial impact.
Payment Processing and Administrative Support
We handle administrative tasks, including accurate and timely processing of payments and coordinating with payroll departments to ensure proper deductions and reduce the administrative burden on employers.
With DCM Corporate’s holistic approach, you can regain control of your finances and focus on what truly matters – your work, family, and future.
FAQs About Emolument Attachment Orders
What is an emolument attachment order?
It’s a court order instructing your employer to deduct money from your salary to repay debt directly to the creditor.
Can an EAO be cancelled?
Yes. You can apply to the court to cancel or amend it if the debt is paid off, partially repaid to a reasonable level, or if it was issued unlawfully.
Does an EAO affect my credit score?
Yes, it negatively affects your score as it’s recorded as a judgment against you, showing you failed to pay debt agreements.
How do I check if my EAO is legal?
Request the original court order from your employer and contact DCM Corporate to verify its validity.
Can my entire salary be garnished?
No. By law, only up to 25% of your gross income can be deducted, and you must be left with enough to survive.
Emolument attachment orders can feel like a life sentence if left unmanaged, harming your credit score and financial freedom. If you’re currently facing an emolument attachment order or are overwhelmed by debt, contact us at DCM Corporate today. Our experienced team will review your situation, explain your options clearly, and work with you to find the best debt management solution – so you can build a future free from unmanageable debt.