Credit & Consumer Law
Garnishee Order (Emoluments Attachment Order)
A garnishee order (EAO) instructs your employer to deduct money from your salary and pay it directly to a creditor. Strict limits apply to prevent abuse.
Legal Definition
An Emoluments Attachment Order (EAO) is a court order issued under the Magistrates' Courts Act directing an employer (garnishee) to pay a portion of the employee's salary to a creditor. The NCA and Magistrates' Courts Act limit the number and total percentage that can be attached.
📖 Constitutional / Statutory Basis: Section 23 (labour rights) and Section 27, Constitution of the Republic of South Africa, 1996; National Credit Act 34 of 2005
Practical Example
A debt collector obtains an EAO against you. Your employer must deduct from your salary each month. If the deductions leave you below subsistence level, you can apply to court to rescind or vary the order.
Frequently Asked Questions
How many EAOs can be on my salary at once?
The Magistrates' Courts Act limits total EAO deductions. Courts may grant up to two EAOs, and total deductions generally cannot exceed 25% of your net salary.
Can I challenge an EAO?
Yes. If it was obtained without proper service, in the wrong jurisdiction, or leaves you unable to meet basic needs, you can apply to rescind it.
What is the "consent to judgment" problem?
Many EAOs were obtained by creditors using "consent to judgment" clauses in credit agreements — the Constitutional Court has ruled such clauses may be unlawful.
Related Terms
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