What is an emoluments attachment order?

The following information is related to Emoluments Attachment Orders (EAO):

  • There has been a growing public awareness of the abuse of EAO’s in the industry
  • On the 16th of April Deborah Patton did a expose on the abuses of EAO’s by Credit Providers and there was a survey that she did on EAO’s and she only found 3 valid orders from a batch of 1000
  • Atlas finance was profiled as a credit provider that was abusing the system
  • The Law Society of the Northern Provinces are currently seeking permission to name and shame the Attorneys and collections agents that have been abusing the garnishee system
  • 65J Emoluments attachment orders

(1) (a) Subject to the provisions of subsection (2), a judgment creditor may cause an order (hereinafter referred to as an emoluments attachment order) to be issued from the court of the district in which the employer of the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is employed by the State, in which the judgment debtor is employed.

45 Jurisdiction by consent of parties

(1) Subject to the provisions of section forty-six, the court shall have jurisdiction to determine any action or proceeding otherwise beyond the jurisdiction, if the parties consent in writing thereto: Provided that no court other than a court having jurisdiction under section twenty-eight shall, except where such consent is given specifically with reference to particular proceedings already instituted or about to be instituted in such court, have jurisdiction in any such matter.