A Fin24 user was surprised to find a garnishee order on his salary - something he claims he knew nothing about. He writes:
How can I stop an unknown garnishee order on my salary?
READ: Employee issued with garnishee order
Kobus Burger, attorney at Summit Garnishee Solutions, responds:
Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.
A garnishee order is an order against the judgment debtor's employer to make monthly payments to the judgment creditor or his attorney, and, should the employer not oblige, the judgment creditor can issue a warrant of execution against the employer's property.
A judgment creditor, however, needs to comply with the Magistrate Court Act when issuing a garnishee order.
Amongst others, the judgment creditor is not allowed to apply to court for a garnishee order without first informing the judgment debtor that he is going to do so.
The fact that you do not know about the garnishee order is already alarming.
READ: Garnishee order system 'deeply flawed'
The best way forward is to go to your employer and get a copy of the garnishee order from him. Call the attorney or judgment creditor listed on the garnishee order and request all the documents on which the garnishee order is based.
Should you find any irregularities in these documents you can use them to approach court to have the garnishee order stopped.
We have found that there are very few attorneys or collectors who do everything according to the Magistrate Court Act when applying for a garnishee order, so your chances will be quite good should you want to rescind the order.
ALSO READ: Trapped by garnishee fraud
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