I am ecstatic – some of you are now fighting successfully for your rights. We will call him Muzi. He fought an invalid garnishee order against his salary and within 6 days, the company that was trying to garnishee his salary had refunded him R13 919.14. He will indeed enjoy his Christmas. That is what I want you to do. I have given you all the information you need in the book From Debt to Riches and also in a number of articles I have written. Yours is to now fight for yourself. There is an estimated 3 million garnishee orders and based on the Edward Nathan Sonnenbergs investigation, some 40% of these are invalid. Yet others are just plain fraudulent. I hope everyone affected by a garnishee order does what Muzi has done and also, it is time employers take note and stop honouring every garnishee order that comes their way. Some of us still think garnishee orders are not our problem but if you know that Marikana was partly caused by garnishee orders, you might want to review your stand. So please read through the last article and make your submissions to the National Credit Amendment bill before end of business today
This is how this garnishee order played itself out
Muzi’s first email
Muzi wrote this email addressed to the NCR, Credit Ombud and copying me and the company that wanted to garnishee his salary on the 7th of November 2013 at 10:48 am.
To Whom It May Concern
I hereby wish to lay a formal complaint against Tim Risk Management (PTY) LTD.
Attached are two Garnish orders against me displaying a similar amount that is claimed from me. I attach proof that I paid this amounts through a garnish order and finished in 2010. Upon enquiry when the same garnish was served on me this year again in September, the explanation from Tim Risk Adri Steenkamp was that the account was sold to them to execute the garnish order. I refused to pay the same amount twice and I informed them that I have paid the amount and finished it. I have again been served another same garnish with only the stamp changed but the same document as was served in 2007….
I suggest you all get a copy of Phumelele’s book From Deb to Riches available at CNA and Exclusives bookshops and read from page 32 – 36. [Muzi actually put the cover of my book so they don’t have to look for too long ]
On the same day almost 2 hours later, Muzi wrote this 2nd email
I have again tested the fax number appearing on the two orders (0123652229) and it is not in service. As you can see below, the email address also appearing on the court order does not exist. To me, it is clear that this was a cut and paste from other documents, I am convinced. I have made an appointment with the Clerk of Court in the Pretoria Magistrate Court to ascertain when was the matter heard and all the existing documentation. I intend to do the same with Verulam Court to get to the bottom of the matter.
On the 13th of November, Tim Risk Management wrote to Muzi as follows: VICTORY FOR MUZI
Good day Mr Muzi,
With reference to the telephonic conversation you had with Mr Eduan Mostert from our offices earlier today.
After our investigation in regards to the matter our findings were as follows:
1. The Section 58 document was falsely signed by the signing agent at the time. Unfortunately the agent is deceased thus not allowing us to take action against the agent.
2. A complete refund of all monies paid will be made to yourself in regards to this matter.
3. The judgment will be rescinded.
4. Your payroll will be notified to immediately stop deductions in regards to this matter.
5. The refund that will be made is R 13 919.14. This includes all payments made from April 2007 up to July 2010.
6. Unfortunately we cannot make any comments in regards to the processes your payroll department follows.
Please find the attached form for you perusal and signature. As soon as the completed document is received, we will proceed to do the refund. Please include your banking details for the refund.
We would like to take the opportunity to apologize for the situation that was created. And hope that we solved the query to your satisfaction.
Our sincere apologies.
Muzi wrote to me the same afternoon
Please see the email below from Tim Risk Management with regard to the matter. The document attached (section 58 form) was falsified by the agent sent by the company and money was deducted from my salary. All the money will be paid back to me today and the judgement will be rescinded.
Thank you always for enlightening us on this matters.
Muzi was refunded R13 919.14 the same day, just 6 days after he stood up for his rights.
A few points to note about Muzi’s case:
- The NCR did not respond to his email
- The Credit Ombud supplied him with a formal complaint form to complete
- The employer did NOT check if the fax numbers and any of the other contact details on the garnishee order was valid – employers must do this at a minimum. There are a lot more checks that employer must check. I have stipulated them in the book From Debt to Riches, pages 32 – 45
- Muzi works and stays in Pretoria – so his employer should NOT have honoured a garnishee order from Verulam magistrate court in KZN
Employers have a duty to protect their employees against invalid and fraudulent garnishee orders – doing so would also improve relationships between employees and employers. Many employees have invalid and fraudulent garnishee orders against their salaries because employers do not ask any questions even in cases where the garnishee order is clearly invalid, fraudulent or inflated.
The book is available at Exclusives and CNA for only R134 a copy
TUNE INTO CAPE PULPIT MONDAY EVENINGS FROM 8H10 AND LISTEN TO PHUME TALK ABOUT ALL THINGS MONEY
Thank you and Kind regards