Financial Services Recent amendment to Debt Recovery law: Higher wage exemption One of the tools available to creditors against debtors is the issuance of a garnishee order against a salary or wage or wage of the…Marthese HiliJanuary 3, 2024
Civil LawProcedural Law A garnishee order may be reduced if the circumstances have changed If there is a change in circumstances which allow the reduction of a garnishee order, the Court may reduce or remove that garnishee order.MMA EditorAugust 21, 2023
Civil LawProcedural Law Court will only investigate a request for a counter-warrant on a prima facie basis The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee…Marthese HiliAugust 14, 2022
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…MMA EditorMarch 21, 2021
Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.MMA EditorNovember 1, 2020
Civil LawProcedural Law Garnishee order may change if circumstances change A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…MMA EditorMay 1, 2020
Civil LawProcedural Law Garnishee order must be issued by court competent to take cognizance of the matter The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to…MMA EditorSeptember 27, 2019