Amending EAOs – It Can Be Done
An Emolument Attachment Order or EAO is when a creditor gets a court to give them permission to take part of your salary to pay off a debt. Most people refer to this as a Garnishee order (which is something very similar but EAO is a better, more accurate term). Many consumers are sitting with huge chunks of their salaries been taken by credit providers in this way. After the terrible incident at Marikana, this issue was very hot and several key changes were made to the law and two big court cases revised how EAOs have to be handled.
For example, Judges now have to consider the consumer’s entire financial situation and household expenses as well as other debts before making an EAO. Also, EAOs can now only add up to 25% of a consumers income. In Marikaka some workers were paying 100% of their income.
If you are employed and have an EAO against your income you can ask your employer to review the EAO(s) and approach the attorneys involved to change the figures (or to just make the adjustment themselves and deal with the attorneys later). If you are struggling with your debts and have attachments on your salary feel free to talk to your local Debt Counsellor about your legal options including debt review.
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