Letter to challenge a garnishee / emoluments order (template)

Send to the creditor or the attorney named on the order. Replace each [PLACEHOLDER] and keep proof of sending.

[YOUR FULL NAME]
[YOUR ID NUMBER]
[YOUR ADDRESS]
[YOUR EMAIL]  |  [YOUR PHONE]
[YOUR EMPLOYER]

[DATE]

[CREDITOR / ATTORNEY NAME]
[THEIR EMAIL OR ADDRESS]

RE: Emoluments attachment order (garnishee) - case number [CASE NUMBER]
    Deductions from my salary

Dear Sir / Madam,

My employer is currently deducting R[AMOUNT] per month from my salary under the
above emoluments attachment order in your favour. I am writing to query and
challenge this order on the following grounds:

  [TICK ALL THAT APPLY]
  ( ) The deduction leaves me without sufficient means for my own maintenance and that of
      my dependants, or takes more than 25 per cent of my basic salary in total. This letter is
      my written notice under section 65J(6) of the Magistrates' Courts Act. My net income is
      R[AMOUNT] and my essential expenses are R[AMOUNT].
  ( ) I was not served with the creditor's notice of intention to have this order issued
      (section 65J(2A)).
  ( ) The court did not authorise this order after satisfying itself that it is just and
      equitable and that the amount is appropriate, or I was not served with the notice of
      intention to have it issued.
  ( ) The amount deducted appears incorrect / the balance has already been paid
      down to R[AMOUNT].
  ( ) The underlying debt may have prescribed.

I request that you:
  1. provide me with a copy of the order and the full account statement showing
     all deductions to date and the current balance;
  2. agree to reduce the monthly deduction to an affordable R[AMOUNT]; and
  3. confirm your position in writing within [NUMBER] days.

If we cannot reach an affordable arrangement, I intend to approach the court to
have the order reviewed, reduced or set aside, and to seek legal assistance.

Yours faithfully,

[YOUR FULL NAME]
ID number: [YOUR ID NUMBER]

In South Africa, the order that deducts money from your wages to pay a debt is properly called an emoluments attachment order (EAO). A creditor obtains it through the court, and it instructs your employer to pay part of your salary directly to the creditor each month. "Garnishee order" is the common name people use for the same thing.

These orders can only follow a judgment debt, and the law has been tightened around them. Under section 65J of the Magistrates' Courts Act the court must authorise an emoluments attachment order after satisfying itself that it is just and equitable and the amount is appropriate, and the court can rescind or amend an order so that it leaves you sufficient means for your maintenance and that of your dependants. An order granted without that authorisation, or one that takes so much you cannot maintain yourself, may be open to challenge.

Common grounds include affordability (the deduction leaves you below what you need for essentials), a lack of proper notice (you were never properly served with the application), questions about consent (you did not validly agree to the order), an incorrect balance (you have paid more than the records show, or charges are inflated), and prescription (the underlying debt had prescribed).

Affordability is often the strongest practical ground, because the deduction must be just and equitable. Put together a clear budget showing your net income and essential expenses, and the gap the deduction creates. An emoluments attachment order must be issued from the court of the district where you live, carry on business or work (section 65J(1)(a)). If it came from another district, or was issued without the court's authorisation or the required notice to you, that can support a challenge.

Reducing or setting aside an emoluments order usually means going back to the court that granted it, with an application supported by your financial information. That is more involved than sending a letter, and getting it wrong can waste the one shot you have to fix the deduction.

For most people this is the point to involve an attorney, your nearest Legal Aid office, or a registered debt counsellor. Legal Aid assists people who cannot afford a private attorney. A debt counsellor can also look at whether debt review would restructure the debt behind the order. The letter above buys you a record and may prompt the creditor to negotiate, but treat it as the opening move, not the whole game.

If you are facing a garnishee on top of other debts you cannot manage, debt review may help, because it restructures your debts into one affordable plan and provides protection against further legal action on the debts in the plan. A debt counsellor can advise how an existing emoluments order interacts with a proposed debt review plan.

Do not simply stop the deduction yourself or ask your employer to ignore the order - your employer is legally obliged to comply until the order is varied or set aside by the court. The court can suspend, amend or rescind an order at any time on good cause shown (section 65J(7)). The lawful route is to challenge the order through the creditor and, if needed, the court, ideally with legal help, while keeping your essential expenses documented.