How long does a garnishee order take?
The timeframe for a garnishee order in South Africa can vary depending on several factors, but here’s a general breakdown of the process and potential delays:
Obtaining the Garnishee Order
☑️ Judgment Awarded: The creditor first needs a judgment against the debtor from a Magistrate’s Court. This process itself can take weeks or even months depending on the court’s workload and the complexity of the case.
☑️ Garnishee Notice Application: Once the judgment is obtained, the creditor applies for the garnishee order. The turnaround time for the court to process this application can range from a few weeks to a a month or two, depending on court backlog.
Factors Affecting Speed
- ✅ Court Backlog: Busy courts might experience delays in processing applications.
- ✅ Completeness of Application: An incomplete application with missing information might be returned for correction, causing additional delays.
- ✅ Objecting Debtor: If the debtor objects to the garnishee order, a court hearing might be necessary, adding further time to the process.
Assuming a smooth process with no objections
- ☑️ Minimum Time: In an ideal scenario with minimal court backlog and a complete application, obtaining the garnishee order could take around 2-3 months after the judgment is awarded.
Once the Order is Issued
- ✅ Serving the Garnishee: The creditor (or their lawyer) is responsible for serving the garnishee order on the third party. Service times can vary depending on the method used (registered mail, courier, etc.).
- ✅ Garnishee Compliance: The garnishee typically has a set period (around 10 days) to respond to the order and indicate if they hold any funds for the debtor.
- ✅ Commencement of Payments: If the garnishee has the funds, they will typically start deducting the specified amount from the debtor’s accounts or wages and forwarding them to the creditor. This process can take an additional few business days.
Total Timeframe
Taking all these factors into account, the total time for a garnishee order to start generating payments could range from 3-6 months from the time the creditor initiates the process, assuming no complications arise.
Important to Note
- ☑️ This is a general estimate, and the actual timeframe can be shorter or longer depending on the specific circumstances.
- ☑️ Consulting with a lawyer specializing in debt collection can help navigate the process efficiently and potentially minimize delays.
If you’re considering using a garnishee order to recover a debt, it’s important to be aware of the potential timeframe involved and to seek legal advice to ensure you follow the proper procedures.
