Crisis Guide

Challenging a Garnishee Order (Emoluments Attachment Order) in South Africa

Unfair garnishee order (EAO) deducting too much from your salary in South Africa? You can challenge it in court. Know your rights to have it reduced or rescinded.

Free South African Law

Direct Answer

You have the right to apply to court to rescind or vary a garnishee order (EAO) if it was obtained unlawfully, in the wrong jurisdiction, leaves you below subsistence level, or the debt is prescribed. The Constitutional Court has ruled that many existing EAOs were unlawfully obtained.

What the Law Says

Your Legal Foundation

Magistrates' Courts Act 32 of 1944

Section 65J

“The court may, at any time, vary, suspend, or rescind an emoluments attachment order if it is just and equitable, or if circumstances have materially changed.”

National Credit Act 34 of 2005

Section 93

“An EAO may only be granted in the jurisdiction where the employee works or resides. EAOs obtained in a different jurisdiction are invalid.”

Immediate Steps

What to Do Right Now

1Check the jurisdictional validity of the EAO — it should have been obtained in the court closest to where you work or live.
2Check the consent-to-judgment clause in your credit agreement. The Constitutional Court has found that blanket consent-to-judgment clauses may be unconstitutional.
3Apply to the issuing court for rescission or variation under s65J of the Magistrates' Courts Act. Show that the EAO leaves you unable to meet basic needs.
4Get free assistance from Legal Aid SA, a debt counsellor, or a community law centre to prepare the application.

What to Say

Exact Words to Use

“"I am applying to rescind this garnishee order because it was obtained in an incorrect jurisdiction and leaves me unable to meet my basic living expenses."”

Tone: formal

Common Questions

Frequently Asked Questions

How many EAOs can I have on my salary in South Africa?

Courts may grant up to two EAOs against one salary. Total deductions generally cannot exceed 25% of your net take-home pay — leaving you with enough to live.

Can an EAO be obtained without my knowledge?

Technically yes — if you signed consent-to-judgment in your credit agreement. But the Constitutional Court has found many such practices unlawful. Challenge the validity.

Does rescinding an EAO cancel my debt?

No — it only removes the court order deducting from your salary. The underlying debt remains. You should also address the debt through negotiation or debt review.

Get Help Now

Resources & Helplines

Legal Aid South Africa

0800 110 110

Free assistance with EAO challenges
National Credit Regulator

0860 627 627

NCA compliance complaints

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