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ARTICLE · 07 NOVEMBER 2019

Emoluments Attachment Orders

Abrahams & Gross Inc.
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In terms of the order, the employer of the debtor is obliged to deduct the amount from the debtor's salary, failing which the employer will be held in contempt of court.

South AfricaLitigation, Mediation & Arbitration
Henno Bothma
Henno Bothma
Wesley Scheepers
Wesley Scheepers
Basilio De Sousa
Basilio De Sousa
Juan Smuts
Juan Smuts
Jeremy Simon
Jeremy Simon
Vera Kruger
Vera Kruger

An Emoluments Attachment Order (EAO) is a debt collection process in which a court order stipulates the terms whereby the judgment creditor can attach or deduct part of the salary of the judgment debtor.

In terms of the order, the employer of the debtor is obliged to deduct the amount from the debtor's salary, failing which the employer will be held in contempt of court.

However, a spate of cases in recent years has evidenced the abuse to which this process is open, essentially leaving the poorest of the poor with little-to-no wages.

The EAO process

Section 65J(2) of the Magistrates Court Act 32 of 1944 provides the following: an EAO may be issued by a Clerk of the Magistrates Court:

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