An emoluments attachment order (EAO) — colloquially a "garnishee order" — is a court order directing your employer to deduct money from your salary and pay it to a creditor. It can be set aside if issued without proper consent or by the wrong court.
A court order issued under section 65J of the Magistrates' Courts Act 32 of 1944 that attaches a judgment debtor's emoluments (salary or wages) to satisfy a judgment debt. The National Credit Act s90(2)(n) prohibits consent to an EAO in a credit agreement unless it is signed before a commissioner of oaths at the time of conclusion. The Constitutional Court (University of Stellenbosch Legal Aid Clinic v Standard Bank [2016] ZACC 18) held that EAOs issued without proper jurisdiction, notice, or consent violate the right to access courts and can be rescinded. Deductions that leave the debtor without enough for subsistence have been held unconstitutional.
A clothing retailer obtains a judgment and, without notifying you, applies for an EAO in a distant court, deducting 40% of your salary. You can apply to rescind the EAO on grounds of lack of jurisdiction and failure to notify you.
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