The major difficulty in this space is that creditors and collection attorneys can take advantage of the fact they are dealing with financially illiterate individuals. There is a basic lack of understanding between the interest and capital components of high cost debt. As a result, negotiations with your staff are non-existent or very one sided. In many cases administration and interest charges spiral out of control and very often your payroll department and employees’ hands are tied unless there is professional intervention or the funds to seek legal counsel.
This is compounded by the fact that the collection attorneys are in control of outstanding balances. This creates an obvious conflict of interest in the collection process. Payroll staff are often surprised when they request full and final settlements from attorneys and find there are still large sums of money owing.
An emoluments attachment order is an order granted in terms of Section 65J of the Magistrates Court Act in terms of which an employer (also referred to as a garnishee, hence the common term ‘garnishee order’) is ordered to make monthly deductions from a debtor’s salary and pay this to the judgment creditor or their attorneys.
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