‘Garnishee’ Case Goes To Constitutional Court
The all important Constitutional Court case regarding Emoluments Attachment Orders – EAOs(often called Garnishee Orders) will be heard on the 3rd of March 2016. The case began a while back in Stellenbosch in Cape Town and has to do with a specific number of EAOs against several farm workers.
The Con Court case will touch on a number of important and far reaching common practices in regard to EAOs. Most of which are very bad and unfair to consumers. The case has already been looked at before at High Court where things went the consumers way. As a result many EAOs in the Western Cape have not been enforced since that high court ruling. If things once again go the consumers way it would have a pretty massive impact on how many legal collections firms and credit providers have gone about recovering funds from consumers.
The case will also no doubt zoom in on abuses of the legal system which prevent consumers from having their day in court to protect themselves from abuse. Some claim that credit providers collection agents engage in forum shopping to get EAOs rubber stamped and prevent consumers from every changing these deductions.
Debtfree will report as soon as further information comes available.