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Emolument attachments

An emolument attachment order can be obtained in three ways: where the court has authorised it, a consumer has consented to it or when a creditor or his attorney has sent you a registered letter at your last known address.

  • That letter will tell you how much money you owe and the cost of the judgment.It will also warn you that an emolument attachment order "garnishee" will be issued to you within the next 10 days if the debt is not paid.
  • The emolument attachment order must be issued from the jurisdiction in which the employer of the debtor resides, carries on business or is employed.
  • This was made for the benefit and convenience of the employer and an employee who wishes to apply to court for amendment, suspension or rescission of such an order.
  • Some consumers sign consent to judgment when enteringcontract. This is irregular. You should only sign it when you have been served with it after failing to pay your debt.

You are also entitled to a statement showing the amount paid and the balance owing. This statement must be issued free of charge.

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