Garnishees order
Emoluments Attachments
Orders
Emoluments Attachment Order (“EAO”)? An EAO is an order made by a Magistrate’s Court , whereby the creditor attaches a portion of the debtor’s income (salary).
garnishee order
A garnishee order is made to a third party who either owes you money, for example, your employer or someone who holds money on your behalf, such as a bank or financial institution. The third-party, referred to as the garnishee, must pay the judgment creditor a lump sum or a portion until the judgment debt is satisfied
A garnishee order means an order of the court for the attachment of a debt owed to the debtor, other than his or her salary or wages, to recover payment of a debt owed by that debtor.
- Section 65J(2) of the Magistrates Court Act 32 of 1944 provides the following: an EAO may be issued by a Clerk of the Magistrates Court:
- If the judgment debtor consents thereto, and/or
- If the judgment creditor has sent a registered letter to the debtor informing him or her that an EAO will be issued pursuant to the judgment debt if such debt is not paid in full, and such letter must also be filed with the Clerk of the Court together with an affidavit.
- S65J: Clerks may no longer issue EAOs. These now need to be issued by a Magistrate in open court.
- S45: Debtors may no longer consent to the jurisdiction of a Magistrates Court other than that in which the debtor resides or is employed. This pertains to proceedings brought by a creditor for the enforcement of any credit agreement to which the National Credit Act 34 of 2005 (NCA) applies.
For example, if you suspect that a debtor has funds in their bank account and you have a judgment debt against them, the Court can order the bank to pay the debts from the debtor's bank account without the debtor being provided any notice of this occurring (until the money is garnished that is).