how can I ask the court to suspend an order for attachment of emoluments
I was called on the 24th of October 2017 by my HR, they were served with an order to deduct 1600 from my salary – my issue is that I only missed two installments which I paid in full and advise the parent before time as I didn’t have money due to my financial circumstances.I was never served or advised that I needed to go to court for this.I am currently on a contract which ends in december, I will not be considered because i work for a financial company and i won’t be retained because of this order
Category: Family Law, Children's Rights
Region: South Africa, Gauteng
1 Answer
Hello. Have a look at the order to see if it was authorized by a magistrate. Get a copy. Previously a clerk of the Magistrates court could just stamp these orders for execution but recent court rulings prohibit this. There must be an enquiry by a magistrate with your participation, and the magistrate must determine that the deduction is just and equitable. The constitutional court has confirmed this and thus it is the law of the land. If the order was endorsed by a clerk, then it is illegal. Otherwise check with relevant court as to how it was authorized. Bring this report to the attention of HR: http://m.fin24.com/fin24/Money/Debt/landmark-judgment-on-garnishee-orders-20160913