How to rescind a maintenance emolument attachment order (garnishee order)

An emoluments attachment order is an order according to which maintenance can be deducted from somebody’s salary by the employer of that person. It is one of the best ways to ensure that maintenance is paid.

Suspension of an order for the attachment of emoluments is dealt with in terms of Section 28 (2) of Maintenance Act 99 of 1998. In the application you can ask for an order rescinding the emolument attachment order. You may also ask for leave to serve the notice on your ex-spouse’s parents or in the newspaper, in terms of Section 6(1) (b) of the Maintenance Act if you do not know where your ex-partner is residing.

You can find the prescribed application form to submit to the court by clicking HERE