debts

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 forms and compare the signatures on the form with their employee’s signature before making the deduction.

Another important fact from the book:

A garnishee order is only valid if it is served by a sheriff of the court. Human resource managers should not honour a garnishee order that is faxed or posted.