What Is a Garnishee Order in South Africa?
A garnishee order (also called an emolument attachment order) is a court order that requires an employer to deduct money from an employee's salary to repay a debt. It is granted after a creditor obtains judgment. The deduction is paid to the creditor until the debt is settled. Consumers have rights regarding the amount and validity of such orders.
Key Points
- A garnishee order deducts debt from your salary via your employer.
- It requires a court order, usually after judgment.
- You have rights regarding the amount and validity.
- Incorrect orders can be challenged in court.
This article provides general consumer information and is not legal advice. Individual circumstances differ. If legal proceedings have already started, obtain advice relevant to your specific circumstances.
How a garnishee order works
After a creditor obtains judgment against you, they may apply for a garnishee order directing your employer to deduct a portion of your salary and pay it toward the debt. The employer is legally obliged to comply.
The order remains in place until the debt is settled or the court varies or rescinds it.
Your rights
You have the right to be informed of the order, to know the amount being deducted, and to challenge an order that is incorrect, excessive, or improperly granted. The deduction must leave you with sufficient income to meet essential living expenses, subject to legal limits.
If you believe an order is wrong, you can approach the court to have it reviewed or rescinded.
Garnishee orders and debt review
Garnishee orders typically arise from judgments obtained before debt review. Accounts with existing judgments may be excluded from debt review, so a garnishee order may continue even after you enter the process. Your debt counsellor will advise on how existing orders interact with your restructuring.
Acting before judgments are obtained is the best way to avoid garnishee orders altogether.
Frequently Asked Questions
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Debt Guidance can assess your income, essential expenses and debt commitments to determine whether debt review may be appropriate.
Reviewed by Carolina Guevara Harris
Registered Debt Counsellor · NCRDC3152
Last updated: 17 September 2025
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