GARNISHEE ORDER

Reproduced with permission from Readers Digest and Legal City

A creditor who has not been paid a judgment debt has the right to apply to a magistrate to have the income, money or property of the debtor attached, whether these are in the possession of the debtor or another person.

If a salary or income is involved, the order is known as an emoluments attachment order. Under such an order the debtor's employer might be instructed by the magistrate to pay into the court a certain sum each week or month (subject to the debtor having sufficient means to maintain himself or herself and any dependants) until the debt has been paid off.

If the money of the debtor is held by another party, the person having the money might be instructed to pay it to the court and not allow the debtor to take possession of it. This is known as a 'garnishee order'. Typically, when taxpayers fall into arrears, the South African Revenue Service may obtain a garnishee order diverting their income, or a part of it, until the arrears have been paid.

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