Finding a deduction you did not expect on your payslip is frightening. A garnishee order is one of the few ways a creditor can reach your salary directly, and the rules around it exist to protect you.
Here is how a garnishee order works and what to do in your first seven days.
What is a garnishee order?
It is a court order that instructs your employer to deduct a set amount from your salary each month and pay it to your creditor until a debt is settled.
It is sometimes called an emolument attachment order (EAO). The creditor has to approach a court, and the court has to grant the order. An employer cannot deduct on a creditor’s say-so.
What usually has to happen first?
For most credit agreements the creditor must follow steps before it can get this far:
- You fall into default.
- A section 129 notice is delivered, giving you a chance to respond. See section 129 notices.
- The creditor goes to court and obtains a judgment.
- The creditor applies for the garnishee order against your employer.
If a step was skipped, you may have grounds to challenge. Our guide to judgment debt explains what a judgment means for you.
How much can be deducted?
A court should consider what you can afford, and the deduction should leave you enough to live on. The exact limits depend on the law and the facts, so do not assume an amount. Ask for a copy of the order and check the figure.
What should you do in the first 7 days of a garnishee order?
| When | What to do |
|---|---|
| Day 1 | Read the order. Note the amount, the case number and the creditor |
| Day 1 to 2 | Do not ignore it. Your employer may be legally obliged to follow it |
| Day 2 to 3 | Contact Legal Aid South Africa, a law clinic or an attorney |
| Day 3 to 5 | Check how it was obtained: were you notified of the court case? |
| Day 5 to 7 | Talk to the creditor, because a payment arrangement may be possible |
If you have several debts, consider debt review.
Do not resign or hide from your employer to avoid the order. It can make the situation worse and does not clear the debt.
What if the judgment was obtained without your knowledge?
If you were not told about the court case, you may be able to ask the court to set the judgment aside. This is called rescission, and it has deadlines. Speak to a legal adviser as soon as possible.
Can you stop the deductions?
You can ask the creditor to agree to different terms, ask the court to vary or suspend the order, or settle the debt. Debt review can change what creditors can do. Get legal advice before you choose.
How do you avoid getting here?
Talk to creditors early. Many prefer a plan to a court case. Keep proof of every payment.
If you fall behind on several accounts, see what to do when you cannot pay your debts.
How do you read a garnishee order?
The order is a legal document with a few parts that matter. Read them in this order:
| Part | What to check |
|---|---|
| Court and case number | Matches the case you were told about, if you were |
| The creditor’s name | The creditor you actually owe |
| Your employer’s name | Correct company and address |
| Monthly amount | The figure that will be deducted |
| Total debt | Does it match what you owe, including costs? |
| Start date | When the deductions begin |
| Attorney’s details | Who to contact about the order |
Write down any detail that looks wrong. A wrong name, an inflated amount or a date that does not make sense is worth raising with a legal adviser, because it can change what happens next.
What would a garnishee order do to your budget?
Here is a hypothetical example. Your take-home pay is R12,000 and a garnishee order takes R1,800 a month.
| Item | Amount |
|---|---|
| Take-home pay before the order | R12,000 |
| Deduction under the order | R1,800 |
| What reaches your bank account | R10,200 |
| Essentials | R9,000 |
| Left after essentials | R1,200 |
If your essentials had been R10,500, the order would leave you R300 short each month. That is the case to make if you ask the court to vary the order, or if you ask the creditor to agree a lower amount.
Bring the numbers: payslips, a list of essentials and a record of what you can afford. A court looks at facts, not feelings.
What does your employer have to do?
An employer who receives a valid order must act on it. In practice, HR will tell you, set up the deduction and pay the money over. You can help yourself by asking:
- How the deduction will appear on your payslip.
- Which date the first deduction will be made.
- To receive a copy of the order and any later changes.
Keep every payslip. If you later settle the debt or the order changes, your payslips show what was paid. If a deduction continues after the debt is paid, send the creditor proof and ask for the order to be withdrawn in writing.
What do you need if you apply for rescission?
If you believe the judgment was granted without your knowledge or in error, you may be able to apply to set it aside. Deadlines are short, so speak to Legal Aid South Africa or an attorney quickly. Prepare:
- The summons and any court papers you received, and the date you first saw them.
- Proof of your address at the time of service, such as a lease or utility bill.
- A short explanation of why you did not respond.
- The facts that show you have a defence, for example that the debt was paid or the amount is wrong.
A late application with a good explanation is better than none. See judgment debt for the options that follow.
Frequently asked questions
Can a payday lender garnish my salary?
Only after it gets a court judgment and a court order. A deduction with no order is a red flag. Report it to the NCR.
Will my employer know about my debts?
Yes, an employer must act on a garnishee order, so it will see the order.
Does a garnishee order wipe out the debt?
No. It is a way of collecting. The debt remains until it is paid or settled.
Where can I get free help?
Legal Aid South Africa or a law clinic, and the Credit Ombud for credit disputes.
Can I change the amount of a garnishee order?
Possibly. You can ask the creditor to agree a lower amount, or ask the court to vary the order, using proof of what you can afford.
What happens to a garnishee order if I change jobs?
The order is directed at your employer, so a new employer would need a new order. The debt remains, and the creditor may pursue it. Speak to a legal adviser.
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