Hi, what is the protocol for employers deducting and paying over a garnishee order on behalf of an employer? Is there a stipulated amount/percentage that can be deducted? Thanks Sue
Dept of Labour
Good day. This is an info request to assist you better. Please continue on this thread.Could you elaborate a little on precisely what you mean? Meaning, a percentage of salary or percentage of garnishee that you can hold back for administrative fees?
% of salary that can be held back for admin fees. Also if for e.g. a person earns R5000/mnth and the garnishee request if for R1000 (20% of earnings) is this allowed or is there a limit to the % per earnings that can be deducted?
You are obligated to pay the amount on the garnishee order. You have no discretion to pay less than the amount on the order, unless the employee, after his other deductions, does not have sufficient remuneration to pay the amount on the order. In your example, say that there is already R 4500 deductions worth on his salary, you have no obligation to pay the excess on your part.It is for your employee to make application to the court to have the amount reduced to an amount that he can manage with. There is, however, no law that says that you cannot contact the attorney of the Judgment Creditor and request, on behalf of the employee, that the amount must be reduced to a level that he can manage. Where this is refused, the employee is left with little other choice than to approach the Court to assist him in reducing the amount.
If you are satisfied with the quality of my service, please rate me between okay service and excellent service in order for me to get paid for my work. If not, please choose to reply to expert and put your further questions for my consideration.
L.LB, Civil and criminal litigation, contracts, labour and family law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).