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Debt Sage is helping consumers living in Sasolburg with debt counselling services. If you are working in Sasolburg, then we are able to assist you. Our aim is to reduce the number of garnishee orders for consumers and ensure that they are replaced with more effective and less expensive debt relief solutions such as debt counselling which will have a direct impact on their disposable income and well-being. A garnishee order is an order of court whereby a money lender can collect payment on a default account directly from the lenders salary

On the 2nd of August 2017, a new legislation came into effect which amended the Magistrates’ Court Act, 1944. This piece of legislation has a massive impact on consumers and how payroll departments manage the Emolument Attachment Orders (EAO) or garnish orders which they receive.

To highlight some points which you may find extremely relevant:

A new section was inserted into the Magistrates Court Act (MCA) which states that certain factors must be taken into account in the issuing of an EAO:

  • Size of debt
  • Circumstances in which debt arose
  • Alternatives to recovery
  • Rights and needs of children, disabled and elderly
  • Amount and nature of debtors income
  • Would the order be grossly disproportionate?

Amount of instalment or total amount of instalments (if more than one EAO) may not exceed 25% of debtors basic salary.

All EAO’s must be court authorised.

Notice HAS to be given to Employer and Debtor of intention to file for EAO

You can oppose the issuing of EAO’s based on:

  • 25% of his/her salary is already committed to EAO’s
  • The amounts claimed are erroneous

A debtor cannot sign away their rights.

We should start to see a reduction in EAO’s as well as much more validity in the ones that do come through.

It is a known fact that most of the garnishee orders requires payments from the employee that are not affordable, leading to increased financial stress.

If the garnish orders were obtained legally but the consumer cannot afford the amount being deducted, Debt Sage debt counsellors can renegotiate a reduced deduction.

Please contact Debt Sage today and speak to one of our friendly consultants if you are struggling to service your debt.

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