Examining Attachment of Earnings Orders: Does the English Wage Garnishment Mechanism Offer Solutions to the Challenges Experienced by its Contemporary South African Counterpart?
Date
2023
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Thomson & Reutors
Abstract
The ability to garnish a debtor’s wages is a popular and important contemporary legal mechanism to facilitate civil debt collection in many jurisdictions, including South Africa. Despite recent amendments to the primary legislation regulating South African emolument attachment orders, the mechanism remains prone to a number of significant shortcomings which facilitate debtor abuse. Consequently, calls have been made for further legislative intervention. In order to guide this development, comparative wage garnishment mechanisms should be investigated. A detailed analysis of the ostensibly effective and historically relatable English attachment of earnings order mechanism could provide meaningful insights to improve the system and enhance debtor protection in South Africa. The article therefore conducts an examination and evaluation of the historical development and contemporary application of English attachment of earnings orders in order to determine whether the mechanism provides any solutions that could assist further legislative development.
Description
The original publication is available at: https://uk.westlaw.com
Keywords
Citation
Van Der Merwe, Stephan. 2023. Examining attachment of earnings orders: does the English wage garnishment mechanism offer solutions to the challenges experienced by its contemporary South African counterpart?. Civil Justice Quarterly, 42(4):301-332.