Emolument Attachment Orders

What is a Garnishee Order?

What is a garnishee order and how does it work?

When you are in financial trouble, debt counselling can provide you with a solution that can help you find your way back to financial stability and with a Constitutional Court’s ruling earlier this year, the garnishee order as we know it could be a thing of the past.

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Emoluments Attachment Order

Reckless Lending: no to the garnishee order

Reckless lending is taking knocks, left, right and center

Reckless lending is a huge financial burden on some and is still prevalent across South Africa today. This occurs when credit providers enter into a credit agreement and the debtor does not have the means to pay back the amount. Never mind covering the cost of living expenses.

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What Does the Landmark Garnishee Judgment Mean for Consumers?

A Constitutional Oversight 

You may have come across the Stellenbosch Legal Aid Clinic’s (LAC) landmark garnishee application and Judge Desai’s widely applauded ensuing judgement. Voraciously covered by the media, the high court case, relating to emolument attachment orders (EAOs), informally termed ‘garnishees’, dramatically unfolded in the Western Cape High Court on 8th July 2015, culminating in a resounding ‘victory for the poor’. Continue reading

Consumer Victory! EAOs / Garnishee Orders Ruled Unconstitutional in Groundbreaking High Court Case

EAOs aka Garnishee Orders Ruled Unconstitutional

Yesterday, July 8, 2015 marked a groundbreaking victory for South African consumers, as High Court Judge, Siraj Desrai ruled in favour of 15 consumers represented by the Stellenbosch Legal Aid Clinic (LAC), in the high-profile court battle over Emolument Attachments Orders (EAOs). Continue reading