What is a Garnishee Order?
A garnishee order, also known as an emoluments attachment order (EAO), is a legal instruction from a court telling your employer to deduct money from your salary to settle your debt. It’s a way for creditors – or anyone you owe money to – to get paid if you’ve fallen behind on payments.
This can include everything from personal loans and credit cards to unpaid maintenance. While it might sound harsh, it’s considered a last resort by most creditors when attempts to recover debt haven’t worked.
Who Can Issue a Garnishee Order?
The Court – and Only the Court
A garnishee order must be issued by a Magistrate’s Court, and specifically, it has to be a court in the area where you live or work. This is to protect your rights and ensure that you have a fair chance to respond.
In the past, some creditors abused the system by going through court clerks or using courts far from the debtor, but this is now illegal. Garnishee orders must now come only from a Magistrate, not a clerk, and they must give you a chance to appear in court before the order is granted.
When Can a Court Issue One?
A court can issue a garnishee order under the following conditions:
- You’ve given written consent.
- A judgment has been granted against you, and you haven’t made any payments.
- You’ve ignored a registered letter warning you of the debt.
- You’ve agreed to pay in instalments and then defaulted.
The Legal Process Behind a Garnishee Order
Application Requirements
To apply for a garnishee order, a creditor must submit:
- A formal application.
- An affidavit explaining the situation.
- Proof of the original judgment.
- Details about the debt and how much should be deducted monthly.
Once the court approves, a sheriff serves the order to your employer, who must begin deductions.
Important: Jurisdiction Matters
If the garnishee order was issued by a court not in your district or without you being notified, it is invalid. You can challenge it, and even recover money already deducted.
What to Check in a Garnishee Order
Always make sure the order is valid and legal. It should have:
- A case number
- A court stamp
- The debtor’s details (your name, ID number, etc.)
- A lawyer’s signature
You can ask your employer to show you a copy. If anything looks suspicious, don’t wait – act.
Know Your Rights: Challenging an Invalid Garnishee Order
You have the right to dispute an order if:
- It takes more than 25% of your gross salary.
- You weren’t notified or given a court date.
- It wasn’t issued by the correct court.
- The debt has already been paid off.
- The deductions are making it impossible for you to afford essentials like food, rent, or transport.
How Much Can Be Taken from Your Salary?
Under current law, no more than 25% of your gross salary (excluding allowances like housing or overtime) can be deducted. And even then, the deduction must not leave you without enough to live on. If you’re barely surviving, you can go back to the court to request a reduction.
Other Costs: What You Need to Know
Legal fees and collector commissions can be added, but the total cost must never exceed your original debt. For example, if your debt is R5,000, you cannot legally be charged R6,000 in fees and interest.
What Happens If You Change Jobs?
If you leave your current job, the garnishee order doesn’t automatically follow you. The creditor needs to apply for a new garnishee order for your new employer. Still, it’s best to notify the court yourself to ensure the order doesn’t continue unlawfully.
Can a Garnishee Order Be Cancelled?
Yes – but it takes action. You (or your lawyer) can apply to the court to cancel the garnishee order if:
- The debt is fully paid.
- The amount being deducted is incorrect.
- The order wasn’t issued properly.
If the creditor doesn’t cancel the order after full payment, you can take legal action.
How to Avoid Garnishee Orders in the First Place
The best protection is good debt management. This means:
- Making regular payments on time.
- Contacting creditors early if you can’t pay.
- Not ignoring court letters or legal notices.
Garnishee orders are not automatic – they happen only after repeated missed payments and failed negotiations.
FAQs About Garnishee Orders
What’s the difference between a garnishee order and an emoluments attachment order?
They’re essentially the same thing – both involve deductions from your salary to pay off a debt, and both must be authorised by a Magistrate’s Court.
Can I negotiate the amount being deducted?
Yes, especially if it’s more than 25% or leaving you in financial hardship. Head to the court that issued the order and ask for a reduction.
How do I know if a garnishee order is legal?
Check for a valid court stamp, case number, and your details. If you’re unsure, consult with a legal professional or debt specialist.
What happens if I change jobs?
A new garnishee order must be issued for your new employer. It’s not automatic.
Can a garnishee order affect my credit record?
Yes. If it’s linked to a default judgment, it could reflect on your credit report.
Who can help me if I think the order is unfair?
You can speak to a legal advisor, debt counsellor, or contact us at DCM Corporate.
Need Help With Debt? Talk to Us at DCM Corporate
At DCM Corporate, we understand how overwhelming debt can be – especially when your hard-earned salary is being cut before it even reaches you. We’re here to help you understand your rights, challenge unfair garnishee orders, and take control of your financial wellbeing.
If you’re unsure about a garnishee order or need help negotiating with creditors, don’t go it alone. Reach out to us today and let’s work together on a way forward.