More on Garnishee Orders

Continuing on helpful facts from South African Bestseller, “From Debt to Riches” by Phumelele Ndumo The law stipulates that a garnishee order must be obtained in courts withing the jurisdiction of the alleged  debtors's home or workplace. Human resource managers should therefore check each garnishee order to ensure that the court was within the area of the debtor's home or workplace. If it is not, the manager should refuse to do the salary deductions because the order is invalid  
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SAHRC to announce steps in garnishee order battle

Thomas Hartleb, News24 Johannesburg – The SA Human Rights Commission (SAHRC) is on Wednesday expected to announce efforts to stop "unconstitutional"garnishee orders. The Commission was a friend of the court in a class action case brought by the Stellenbosch University Legal Aid Clinic, on behalf of 12 farm workers, against law firm Flemix and Associates. The firm was acting on behalf of various micro-lenders. In his judgment in the case on July 8, Western Cape High Court Judge Siraj Desai ordered that Flemix’s conduct be reviewed by the Law Society for ethical breaches. He criticised ...
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Garnishee Orders

Some interesting facts from the South African Bestseller, "From Debt to Riches" by Phumelele Ndumo Human resource managers should ask the creditors or debt collectors for proof of having notified the debtor. Some tracing agents who are supposed to obtain debtor's signature on Section 58 forms agreeing to the judgment simply forge the debtors signature. when debt is prescribed, the only way to obtain a a garnishee against a debtor is if the debtor signs a Section 58 form, consenting to a garnishee order or judgment. Human resource managers should therefore ask for a copy of the section 58 ...
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