An Emoluments Attachment Order is a court order that empowers a creditor to recover a debt directly from a debtor’s salary. The court serves this order on the debtor’s employer (referred to as the “garnishee”), who is then obligated to make consistent deductions from the debtor’s earnings. These deducted funds are subsequently paid to the creditor or their attorney until the debt is fully settled. In terms of Section 65A of the Magistrates’ Court Act, there must be an inquiry into the financial position of a debtor before an EAO can be made, to ensure it is just and equitable.
