Comments for Bentley Credit Management http://www.creditmanagement.co.za Mon, 25 Feb 2013 17:03:46 +0000 hourly 1 http://wordpress.org/?v=3.5.1 Comment on Business Names and the Consumer Protection Act by Sorry, you can’t call your company that! | http://www.creditmanagement.co.za/business-names-and-the-consumer-protection-act/#comment-64474 Sorry, you can’t call your company that! | Mon, 25 Feb 2013 17:03:46 +0000 http://www.creditmanagement.co.za/?p=691#comment-64474 [...] http://www.creditmanagement.co.za/business-names-and-the-consumer-protection-act/ [...]

]]> Comment on Different Forms of Companies In Terms of the New Companies Act by The New Companies Act: Company Types | http://www.creditmanagement.co.za/different-forms-of-companies-in-terms-of-the-new-companies-act/#comment-64473 The New Companies Act: Company Types | Mon, 25 Feb 2013 17:03:09 +0000 http://www.creditmanagement.co.za/?p=700#comment-64473 [...] 1st marks the date the new Companies Act is introduced.  This succinct article on the Act from Brett Bentley makes for good reading, but here’s a 6 point review on relevant changes to [...]

]]> Comment on Employer’s Guide to Employment Attachment Orders by Brett Bentley http://www.creditmanagement.co.za/employers-guide-to-employment-attachment-orders/#comment-63197 Brett Bentley Mon, 18 Feb 2013 12:06:40 +0000 http://www.creditmanagement.co.za/?p=658#comment-63197 Rennie, unfortunately since the publication of this article I have been made aware of certain magistrates courts that are granting emoluments attachment orders which appear contrary to the provisions of Section 65(J)(1)(a) which specifies “….may cause an order (hereinafter referred to as an emoluments attachment order ) to be issued from the court in which the employer of the judgment debtor resides, carries on business or is employed, or , if the debtor is employed by the State, in which the judgment debtor is employed.”

These magistrates court are apparently relying on the authority of some unreported High Court cases , which despite my best efforts I have been unable to obtain. I respectfully believe these magistrates are legally wrong and causing debtors and employers problems in opposing or rescinding these orders. But unfortunately if these orders are properly granted by a magistrates court you have to abide by them.

I do point you to this article http://www.moneyweb.co.za/moneyweb-financial/major-debt-collectors-implicated-in-garnishee-abus and suggest that you perhaps you drop a line to the Law Society which governs the attorneys firm concerned and express your displeasure with this practice.

]]> Comment on Employer’s Guide to Employment Attachment Orders by Rennie http://www.creditmanagement.co.za/employers-guide-to-employment-attachment-orders/#comment-62721 Rennie Fri, 15 Feb 2013 14:37:25 +0000 http://www.creditmanagement.co.za/?p=658#comment-62721 Thank you for a very informative piece.

I have today been presented with a court attachment order for one of our employees. This was the first I knew about it. The order was made 5 months ago in the Kempton Park magistrate’s court in Gauteng. Our local jurisdiction is Knysna in the Western Cape. I was never served notice to appear in court to determine the instalments. It looks like a lot of the prcedural provisions you mention have not been taken. Any advice on how to proceed from here?

]]> Comment on Employer’s Guide to Employment Attachment Orders by Brett Bentley http://www.creditmanagement.co.za/employers-guide-to-employment-attachment-orders/#comment-60628 Brett Bentley Wed, 06 Feb 2013 08:18:59 +0000 http://www.creditmanagement.co.za/?p=658#comment-60628 No, it must be properly service by a sheriff of the court, a faxed or emailed document does not comply with the requirement of Section 65(J)(3) of the Magistrates Court Act.

]]> Comment on Employer’s Guide to Employment Attachment Orders by adri http://www.creditmanagement.co.za/employers-guide-to-employment-attachment-orders/#comment-60622 adri Wed, 06 Feb 2013 08:00:53 +0000 http://www.creditmanagement.co.za/?p=658#comment-60622 Can i Accept an E-mailed or faxed Attachment order for deduction of wages?

]]> Comment on Debt Collection: Will the real Garnishee Order please stand up by Cherie http://www.creditmanagement.co.za/debt-collection-will-the-real-garnishee-order-please-stand-up/#comment-57649 Cherie Fri, 14 Dec 2012 07:44:19 +0000 http://creditmanagement.co.za/?p=33#comment-57649 I’m currently employed at an attorneys office and I work in the Garnishee dsepartment. According to my knowledge, if an Emoliuments Attachment Order was granted and served, the employer is responsible for deducting the installment from the employees salary and pay it over to the company that had the EAO served. Failure to do that, will cause the company to go forth and request a warrant for execution against the employer. This means that the Sheriff of the court goes to the place of employment and writes up the employers assets and it may be sold on auction to pay off the employees debt. I would advise any employer to start with deductions as soon as the EAO was served, in order to prevent this. The employer is also allowed to keep 5% of the installment deducted for administrational purposes. For example: if the installment is R100 per month, the employer HAS to deduct R100 from the employee but may keep R5 and only pay R95 over to the company.

I hope this info helps. :)

]]> Comment on Amendments to Administration Orders on Route by alffred http://www.creditmanagement.co.za/amendments-to-administration-orders-on-route/#comment-56950 alffred Mon, 15 Oct 2012 12:58:33 +0000 http://www.creditmanagement.co.za/?p=738#comment-56950 it easy submit your written consent to the administrator

]]> Comment on Clarity on Sending of NCA S129 Notices by Constitutional Court Judgment on Sending S129 Notices ito NCA | Bentley Credit Management http://www.creditmanagement.co.za/clarity-on-sending-of-nca-s129-notices/#comment-55725 Constitutional Court Judgment on Sending S129 Notices ito NCA | Bentley Credit Management Thu, 07 Jun 2012 10:48:47 +0000 http://www.creditmanagement.co.za/?p=664#comment-55725 [...] how to send S 129(1)(a) notices to debtors in terms of the National Credit Act had been resolved (Clarity on Sending of NCA S129 Notices), the Constitutional Court has now added to the obligations in sending these notices in the [...]

]]> Comment on Debt Collection: Will the real Garnishee Order please stand up by Brett Bentley http://www.creditmanagement.co.za/debt-collection-will-the-real-garnishee-order-please-stand-up/#comment-55618 Brett Bentley Tue, 22 May 2012 05:43:55 +0000 http://creditmanagement.co.za/?p=33#comment-55618 The emoluments attachment order should be properly served by a sheriff of the court.

]]>