Lawyers AND ATTORNEYS - All Services! All Areas!

Johannesburg & Pretoria/Gauteng, Cape Town/Western Cape, Durban/Kwa Zulu Natal

Garnishee Orders

- Featured article by LAWYERS-ONLINE.CO.ZA

What is a garnishee order and how does it work?

A garnishee order can be defined as “a legal procedure by which a creditor can collect what a debtor owes by reaching the debtor's property when it is in the hands of someone other than the debtor”.

A garnishee order is an attachment of money against a third party who owes money to a judgment debtor.

If a debtor failed to pay money, in terms of a judgment, directly to the judgment creditor, a garnishee order may be applied for against the garnishee.

If a court has granted a judgment against the debtor and s/he failed to pay the money within the specified period of time, the creditor may apply to court for the attachment of a debt (the garnishee order).

The application includes an affidavit and supporting documentation such as proof of the judgment.

A creditor must make an application to a court of the district in which the garnishee resides, carries on business, or is employed within the district.

The debtor will be issued with a notice telling him/her to appear before the court on the date specified in the notice.

If the court entertains an ex parte application by the creditor, it means the debtor will not be required to appear in court.

The court will inquire into the financial position of the debtor and make an order as it may see just and equitable, eg. the court may order payment by instalments.

The court order against the garnishee includes the amount of the debt (for the past, present and future), legal costs and commission.

The court may on good cause shown, amend, suspend or rescind a garnishee order.

If a debtor cannot maintain himself/herself or his/her dependents, following a garnishee order, the court must cancel the order or amend it so the debtor, and his/her dependents, will have sufficient means to survive.

A garnishee order may be enforced in the manner as if it were a judgment of the court. Should a garnishee default on payment, a warrant of execution m ay be issued against him/her.

If the garnishee disput es the liability to pay, s/he must appear in court on the day shown in a notice served, and show cause as to why s/he should not pay the debt.

A creditor, or any interested party, may make an application to the court for the re - issue of a garnishee order.

This can only be done if the garnishee order has been lost or misplaced. A court will not re-issue a garnishee order that has terminated / expired - the credit or must make a fresh application for a new garnishee order.

In a case where the garnishee order re-appears, after disappearing, it will be cancelled by the clerk of the court by endorsing across the face of it two transverse parallel lines with the words "Cancelled" written on it.

Date: 25th July 2014
Legislation: Magistrates Court Act 32 of 1944

24-Hour Bail Applications at Police Stations and Process

Get Legal Help Now!

Immediate Action Request

Use this form to request a call back or an email within 1 working hour from our office.

Please complete the reCAPTCHA to help us reduce spam and to complete the form sending process.

Anthony Wilton Inc

In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division started by Jean-Pierre Murray-Kline) as their primary service provider. This arrangement supports access to legal services with a focus on technology and trends.


About Us

Professional Legal Services

We believe that by transferring our legal knowledge through efficient application we can provide our client’s with professional legal services.

We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements.

We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter.

We believe in working as a cohesive unit and our staff compliment is therefore carefully selected based on their individual experience, strengths, character and work ethic.

We aim to always deliver services to our full potential in order for our client’s to benefit as value for money is always of paramount importance.


Get legal help now!

Book an E-Consult Online