How Garnishee Orders Work in South Africa (Salary Garnishment Explained)

By / September 15, 2025

South Africans often use the term “garnishee order” to describe any deduction that hits a payslip for an unpaid debt. […]

How Garnishee Orders Work in South Africa (Salary Garnishment Explained)

South Africans often use the term “garnishee order” to describe any deduction that hits a payslip for an unpaid debt. In law, most salary-based deductions of this kind are actually Emoluments Attachment Orders (EAOs) issued by a court under section 65J of the Magistrates’ Courts Act. Understanding the difference matters, because the rules that protect your income, require judicial oversight, and set out what employers must do, all flow from that statute and related laws like the National Credit Act.

This guide explains—plainly and practically—how garnishment works in South Africa, what your rights are, what employers must do, how much can be taken, and the steps to challenge or change an order if it feels unaffordable or incorrect.

Key takeaways

  • A salary “garnishee” is usually an Emoluments Attachment Order (EAO) issued by a court after judgment, not simply a creditor’s letter to HR.
  • Since landmark reforms and court rulings, judicial oversight is required: a magistrate must consider your circumstances before authorising an EAO.
  • EAOs are served on your employer, who must deduct and pay as ordered; failure to comply can have legal consequences for the employer.
  • You can apply to vary, suspend, or rescind an EAO if it is unaffordable or was improperly issued.
  • Maintenance orders and SARS tax appointments operate under separate laws and often take priority over ordinary debt EAOs.
  • Never ignore court papers or notices; engaging early can avoid judgment, extra costs, and ultimately garnishment.

Garnishee order vs EAO: what is the difference?

In everyday speech the word “garnishee” gets used loosely, but in South African law the mechanisms are distinct:

  • Emoluments Attachment Order (EAO): An order attaching part of an employee’s remuneration (salary or wages) paid by an employer. EAOs are governed by section 65J of the Magistrates’ Courts Act. This is the most common way salaries are deducted to pay civil debts.
  • Garnishee order (attachment of debts): An order attaching a debt owed to the debtor by a third party—for example, attaching money the debtor’s bank owes them on their account, or a debt owed by a customer. This is not the same thing as docking an employee’s monthly salary.

When your payslip shows a deduction for an unsecured loan, store account, or similar, it is almost certainly an EAO.

When and how a creditor can get an EAO

An EAO does not arrive out of the blue. There is a legal path that must be followed:

  1. Default and pre-enforcement notice (National Credit Act):
    For credit agreements regulated by the National Credit Act (NCA), the creditor generally must send a section 129 notice inviting you to bring payments up to date or refer the matter to a dispute resolution mechanism. If you act at this stage—by catching up, negotiating, or entering debt counselling—you can often avoid court altogether.
  2. Summons and judgment:
    If the arrears are not resolved, the creditor may issue summons in the magistrates’ court. If you do not defend, default judgment can be granted. If you defend, the case will be heard and decided. Only after judgment may an application for an EAO be considered.
  3. Application for EAO with judicial oversight:
    Following important case law and amendments to section 65J, a magistrate must authorise the EAO. The court is required to consider your financial circumstances, existing obligations (such as maintenance), where you live and work, and whether the proposed deduction is just and equitable. In short, a rubber-stamped form without a judge’s or magistrate’s consideration is no longer acceptable.
  4. Service on the employer and commencement of deductions:
    Once granted, the EAO is served on your employer. From the effective date, the employer must deduct the specified amount each pay period and pay it to the creditor (or the sheriff/administrator, depending on the order). Deductions continue until the debt, interest, and authorised costs are paid in full, or until varied or set aside by a court.

What the court looks at before authorising an EAO

The court’s role is to make sure an attachment of salary is fair, affordable, and lawful. The magistrate will typically consider:

  • Your income and essential living expenses (rent, transport, food, school fees, utilities).
  • Any existing orders against your income (for example, maintenance orders).
  • The size and nature of the debt, the interest, and charges.
  • Your place of residence and employment (jurisdiction matters).
  • Whether the amount proposed will still leave you with sufficient income to live with dignity.

If the court is not satisfied, it may refuse the EAO, reduce the proposed amount, or require further information.

How much can be taken from your salary?

South African law does not fix a single percentage cap for EAOs across all cases. Instead, the magistrate decides an amount that is “just and equitable” based on your circumstances. Some important points:

  • Basic Conditions of Employment Act (BCEA) and deductions: The BCEA allows deductions that are required or permitted by law. An EAO qualifies. Other voluntary deductions (for loans, goods, or employer advances) are subject to additional BCEA limits and consent requirements; an EAO—being by court order—sits in its own category.
  • Multiple orders: If you have multiple EAOs or other legal deductions, the court should ensure the overall result remains affordable. In practice, maintenance orders and tax appointments will usually be prioritised before ordinary debt EAOs.
  • Interest and costs: Interest after judgment is usually at the prescribed rate unless the court sets a different rate, and only lawful collection costs may be added. The in duplum rule under the NCA limits how interest and certain fees may accumulate on credit agreements in default, protecting you against runaway balances.
  • Employer admin fee: Employers may recover a nominal statutory administration fee for carrying out an EAO, as permitted in the legislation or regulations. This is small but worth noting on your payslip.

Because the exact figure depends on your case, never assume a fixed 25% or 30% rule. The question is what the court found to be just and equitable.

Your rights if an EAO is unaffordable or seems irregular

If the deduction is pushing you into hardship, or if you believe the order was not properly issued, the law gives you options:

  • Ask for the court file and the order: You are entitled to see the court order and supporting documents (affidavits, financial statements, proof of service). Your employer should supply a copy of what they received; you can also obtain the file from the clerk of the court.
  • Apply to vary the amount: If your circumstances have changed (for example, income reduction, new dependants, increased essential costs), you can apply to the magistrates’ court to reduce the monthly deduction or restructure payments.
  • Apply to suspend or rescind: If the EAO was improperly issued (for example, without judicial oversight, in the wrong jurisdiction, or without a valid underlying judgment), you can apply to suspend or set it aside. Courts have rescinded many historically defective EAOs.
  • Check the balance and statement: You are entitled to a reconciling statement that shows principal, interest, costs, and payments made. If the numbers do not add up, challenge them. The in duplum rule can limit how much interest and certain charges can accrue once you were in default.
  • Get advice: Legal Aid clinics, university law clinics, pro bono offices, and debt counsellors can assist. Acting early often leads to negotiated reductions or restructuring.

Employer obligations (and common HR questions)

Once served with a valid EAO, the employer must comply. Typical HR obligations include:

  • Start deductions on the date and at the frequency specified (monthly, weekly, etc.).
  • Pay the deducted amount to the payee indicated in the order (sheriff, attorney’s trust account, or administrator).
  • Keep records of amounts deducted and paid.
  • Inform the creditor/administrator promptly if the employee leaves employment or changes pay cycles.
  • Deduct only what the order authorises, plus any nominal statutory admin fee permitted to the employer.

What if the employee leaves?
The order does not disappear, but the employer stops deducting once employment ends. The creditor must locate the debtor’s new employer and seek re-service or approach the court for further directions.

Can HR ignore an EAO if the employee disputes it?
No. Unless the court suspends or varies the order, HR must obey. The employee must take up the dispute with the court or creditor. Employers who fail to implement a valid EAO risk liability.

What about payroll software limits?
Operational difficulties do not override a court order. If multiple orders exist, payroll should sequence them according to law and the order’s terms, engaging with the parties if the net pay would fall below statutory minima.

How EAOs interact with maintenance and tax deductions

  • Maintenance: Deductions under maintenance orders (issued under the Maintenance Act) are given strong priority because they support dependants. If both a maintenance order and an EAO exist, maintenance generally comes first.
  • Tax debts (SARS ITA88/third-party appointment): SARS has separate powers under tax legislation to instruct an employer or bank to deduct unpaid taxes. These do not require a civil judgment and typically take precedence over ordinary debt EAOs while in force.
  • Pension and UIF: Pension interests and UIF have their own statutory protections and rules. Ordinary EAOs attach emoluments (your salary/wages), not pension funds directly, although garnishment may continue after re-employment or when emoluments resume.

Example: what a realistic EAO might look like

Imagine you owe R38,000 on an old store account. Judgment is granted. The creditor applies for an EAO proposing R2,200 per month. The court considers your payslip, rent, and other obligations and authorises an order at R1,500 per month, finding anything higher would be unjust.

  • Payroll begins deducting R1,500 monthly and paying it to the attorney’s trust account listed in the order.
  • Interest accrues on the judgment balance at the prescribed legal rate. The creditor issues periodic statements showing opening balance, interest, costs, payments, and closing balance.
  • After several months you face a reduction in hours. You file a variation application with supporting proof (new payslips, expenses). The court reduces the monthly deduction to R1,000 for twelve months, to be re-assessed thereafter.

This example is simplified, but the key point is that the court supervises affordability, and you can return to court if your situation changes.

Practical steps if your payslip shows a “garnishee” you do not recognise

  1. Ask HR for the order copy they received (EAO, maintenance, or tax appointment).
  2. Read the details: court name and case number, creditor, amount, monthly deduction, start date.
  3. Check affordability: compare the deduction with your essential expenses.
  4. Request a detailed balance from the creditor or administrator.
  5. If something looks wrong, act quickly:
    • Visit or contact the magistrates’ court named on the order.
    • Consider a variation or rescission application.
    • Seek legal advice from Legal Aid or a clinic.
  6. Keep paying as ordered unless and until the court varies or suspends the order—do not ask HR to stop without a court direction.

Common myths and misunderstandings

“A creditor can email HR and start deductions.”
False. HR must have a valid court order (or a lawful tax or maintenance notice). Anything else is not enforceable against your salary.

“All garnishments must be capped at 25% of salary.”
Misleading. That figure relates to certain voluntary deductions under the BCEA. EAOs are set case-by-case by a magistrate to be just and equitable.

“Old EAOs are automatically invalid.”
Not quite. Historically defective EAOs can often be challenged or varied, but they are not void merely by age. You need a court process.

“Interest can pile up forever.”
No. The in duplum rule under the National Credit Act restricts how interest and certain charges may accrue when a credit agreement is in default, though details depend on the type of debt and the stage of enforcement.

“If I change jobs, the EAO falls away.”
No. The order attaches your emoluments generally. It may need to be re-served or re-implemented, but the debt does not vanish.

How debt counselling and settlement interact with EAOs

  • Before judgment: Entering debt review (debt counselling) under the NCA can freeze enforcement, consolidate payments, and avoid EAOs if a court grants a debt rearrangement order.
  • After judgment/EAO: Debt review is limited for judgment debts, but you can still negotiate. Creditors may agree to reduce instalments, capitalise some costs, or accept a lump-sum settlement. Any change to a live EAO should be reflected in a court variation to protect all parties.
  • Settlement figures: Always insist on a written settlement statement that breaks down principal, interest, fees, previously deducted amounts, and the final settlement amount. Keep proof of payment and obtain a notice to employer confirming the EAO is satisfied, so payroll can stop deductions.

For employers: compliance checklist

  • Do we have a court-stamped EAO with case number and clear terms?
  • Has the order been properly served on us (or otherwise lawfully brought to our attention as required by the rules)?
  • Have we configured payroll to deduct the exact amount and frequency?
  • Are we paying the right recipient and keeping remittance proof?
  • Are we deducting only any permitted nominal admin fee and nothing else?
  • Do we notify the creditor/administrator promptly if the employee leaves or pay cycles change?
  • Do we respond politely to employee queries, providing them with a copy of the order and directing them to the issuing court for any challenge?

For employees: how to challenge, vary, or end an EAO

  1. Collect documents: court order, payslips, budget, proof of dependants and expenses, any prior notices.
  2. Visit the issuing magistrates’ court: request the file and ask the clerk for the procedure to vary or rescind an EAO.
  3. Prepare an affidavit: explain your income, expenses, changes in circumstances, and what you propose as an affordable deduction (or why the order should be suspended or set aside). Attach proof.
  4. Serve papers on the creditor or their attorneys as required by the rules.
  5. Attend the hearing: be punctual, respectful, and ready to answer questions.
  6. Follow up with HR: provide a copy of any variation or suspension order so payroll can adjust.

When is an EAO “finished”?
When the creditor issues confirmation that the judgment debt, interest, and authorised costs are paid in full. Keep this proof and ensure HR receives it to stop the deduction.

Frequently asked questions

Is my bonus or overtime included in “emoluments”?
Generally, yes—EAOs attach “emoluments,” which typically include salary, wages, and similar remuneration. The order’s wording governs. If variable pay is involved, consider asking the court to fix a capped monthly amount to avoid large spikes.

Can an EAO be issued where I do not live or work?
Reforms and case law emphasise the importance of proper jurisdiction and judicial oversight. If an order was issued in a distant court with no connection to you, that is a red flag and a ground to approach the court.

What if the deduction leaves me with too little to live on?
Apply to vary the order with a full budget and proof. Courts aim to strike a balance between the creditor’s rights and your right to a dignified minimum.

Do EAOs affect my credit record?
The underlying judgment is what impacts your credit profile. Settling the judgment and ensuring it is rescinded or marked satisfied can gradually improve your record, subject to credit bureau rules.

Can a creditor take money from my bank without court?
Ordinarily, no—for bank accounts a creditor needs an order attaching debts (a true “garnishee” against the bank). SARS is an exception under tax laws, and maintenance has its own streamlined enforcement.

Final word

Salary attachment is serious, but it is also structured and supervised. EAOs must be authorised by a court that considers your real-world budget, and you have the right to seek changes if life happens. If an unfamiliar deduction appears, do not panic—get the order, read it, check the numbers, and use the legal channels to correct what is wrong or to ease what is unaffordable.

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