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printed form it must indicate the date of judgment or order as well as the amount of the judgment and the balance of the capital interest costs and collection fees which the defendant has undertaken to pay in terms of section 57 1 c and which remains due on the date of issue or reissue of the notice this notice is supported by an affidavit or affirmation by the judgment creditor or a certificate by his attorney in which the following averments are made the date of the judgment or the date of the expiry of the period of suspension under section 48 e of the act as the case may be that the judgment or order has remained unsatisfied for a period of ten days from the date on which it was given or became payable or from the expiry of the period of suspension in terms of section 48 e in what respect the judgment debtor has failed to comply with the judgment or order referred to in section 65a 1 of the act the amount in arrears and outstanding balance on the date on which the notice is issued that the judgment debtor has been advised by registered letter of the terms of the judgment or of the expiry of the period of suspension under section 48 e of the act as the case may be and of the consequences of his failure to satisfy the judgment and that a period of ten days has elapsed since the date on which the letter was posted and that the court is not barred by the provisions of the national credit act from making an order when the original judgment or order for payment of the judgment debt referred to in section 65a 1 has been given in any court other than the court of the district in which the inquiry is held the clerk of the court may not issue the notice calling on the debtor to appear before the court until a certified copy of the judgment has been lodged with him any alteration in the notice to the debtor must be initialed by the judgment creditor or his attorney and by the clerk of the court before issue or reissue the clerk may not issue the section 65a notice until it is shown from the minutes of the proceedings that the debtor was present or represented when judgment was given or a warrant of execution was served on the debtor personally unless the judgment creditor or his attorney demonstrates that the debtor has been notified by registered letter of the terms of the judgment or of the expiry of the period of suspension ordered under section 48 e and a period of ten days has elapsed since the posting of the letter a new section 65a 6 provides that where the court is satisfied that the debtor has knowledge of the notice in section 65a 1 and has failed to appear or where the debtor fails to appear on a postponement date or where he has failed to remain in attendance the court may issue a warrant of arrest to bring the debtor before a competent court to conduct an enquiry in terms of section 65a 1 section 65a 8 provides that a person so arrested should as soon as reasonably possible be brought before the court within the district which that person was arrested he may be detained at a police station pending the court appearance instead of arresting the debtor but only if the creditor consents the sheriff may hand the debtor a notice calling upon him to attend court a willful refusal or failure to appear in terms of a notice in terms of section 65a 1 or 8 constitutes an offence making the debtor liable to a fine or to imprisonment for a period not exceeding three months section65a 10 provides details of the procedure to be followed when the court inquires into the failure of a debtor to attend section 65a makes provision throughout for the summonsing of a juristic person represented by a director or officer procedure when debtor appears before court in camera edit when the debtor appears before the court in camera on the return day mentioned in the notice he gives evidence under oath or affirmation as to his financial position the court permits examination or cross examination of the judgment debtor in relation to all matters affecting his financial position and his ability to pay the judgment debt and costs and also in relation to his failure to do so the court hears such further evidence as may be adduced orally or by affidavit or in such other manner as the court may deem just and as is material to the determination of the judgment debtor s financial position his ability to pay the judgment debt and his failure to do so witnesses may be summoned for the purpose of giving such evidence the act prescribes the factors which the court must take into consideration in determining the ability of the debtor to pay the debt due these factors are the nature of his income the amounts needed by him for his necessary expenses and those of the persons dependent upon him and the amount in periodical payments that he is obliged to make in terms of an order of court agreement or otherwise in respect of his other commitments the court may in its discretion refuse to take account of periodical payments that a judgment debtor has undertaken to make in terms of instalment sale transactions for the purchase of goods not exempted from attachment or goods which in the opinion of the court cannot be regarded as household requirements if at the hearing the court is satisfied that the judgment debtor has movable or immovable property which may be attached and sold in order to satisfy the judgment debt or part of it the court may authorise the issuing of a warrant of execution against such movable or immovable property or such part of it as the court may deem fit or authorise the issuing of such a warrant together with an order for the payment of the judgment debt in periodical instalments in terms of section 73 if it appears to the court that there is a debt due to the judgment debtor which may be attached in terms of section 72 the court may authorise the attachment of that debt in terms of that section if it is apparent from the evidence that after receipt of the notice to appear in court in terms of section 65a 1 the judgment debtor made a written offer to pay the judgment debt in instalments or otherwise or that the debtor is able to pay the debt in reasonable instalments the court may order him to pay the judgment debt and costs in specified instalments and may also authorise the issuing of an emoluments attachment order the further hearing of the matter is thereupon postponed the proceedings may again be placed on the roll by the judgment creditor or his attorney by notice delivered or posted at least ten days before the day appointed in such notice for the hearing the court may in any event postpone the proceedings at any time in the presence of the judgment debtor or in the case of a juristic person in the presence of the director or officer of the debtor to such date as the court may determine when postponing the proceedings the court informs the judgment debtor or the director or officer in question of the provisions of section 65e 1 c and may order the judgment debtor etc to produce such documents as the court may specify at the hearing on the date determined by the court the court may in addition stipulate such conditions as it deems fit as far as the costs of the appearance at the hearing in chambers are concerned the rule applies that the judgment debtor will be ordered to pay the costs unless it appears at the hearing that the debtor has made an offer to settle the judgment debt in instalments that the court considers reasonable or unless it appears that he has notified the judgment creditor that he was not able to make an offer and the court finds this to be true if it emerges that the creditor refused the offer the court may order the judgment creditor to pay those costs including the loss of wages suffered by the debtor through having to appear in court in connection with the proceedings the court may suspend amend or rescind its order if the debtor or his representative was not present in court at the time the order was made the judgment creditor or his attorney is obliged to advise him forthwith by registered post of the terms of the order and of the consequences of his failure to satisfy it section 65 and administration orders edit the court may postpone the hearing in terms of section 65a 1 if the judgment debtor lodges with the court an application for an administration order prior to or at the time of the hearing if a debtor has not lodged an application for an administration order with the court before or at the time of the hearing of the section 65 proceedings and it appears at the hearing that the judgment debtor has other debts also the court considers whether all of the judgment debtor s debts should be treated collectively if the court is of the opinion that they should be so treated it may with a view to granting the administration order postpone further hearing of the proceedings to a date determined by the court and order the judgment debtor to submit to the court a full statement of his affairs and to cause a copy of the statement to be delivered to each of his creditors at least three days before the date appointed for the further hearing if it appears that the judgment debtor s total debts do not exceed r50 000 the court may grant the administration order in respect of his estate and stay further proceedings but may grant the judgment creditor the costs already incurred in connection with such proceedings emoluments attachment orders edit a distinction must be drawn between a garnishee order and an emoluments attachment order a garnishee order is a method used to attach a debt due to the judgment debtor an emoluments attachment order is regarded as part of the procedure for the collection of debt in this instance the court orders the judgment debtor s employer to make regular monthly deductions from the debtor s salary and to pay them to the judgment creditor an emoluments attachment order will only be granted if the debtor has consented thereto in writing or the court has so authorised or the judgment creditor has sent a registered letter to the debtor at his last known address informing him of the judgment debt and the amount outstanding and that an emoluments attachment order will be issued ten days from the posting of the letter the judgment creditor must place an affidavit before the court setting out the outstanding amount of the judgment and how the specific instalment and cash have accumulated from the date of the judgment and the balance owing when the judgment creditor issues an emoluments attachment order out of any court other than the one in which the judgment was obtained a certified copy of the judgment against the debtor must accompany the affidavit if the court authorises the issuing of an emoluments attachment order in terms of section 65j 1 the order must be issued in the form prescribed by the rules and must contain sufficient information including the identity number work number or date of birth of the judgment debtor to enable the garnishee to identify the judgment debtor the emoluments attachment order must be signed by the judgment creditor or his attorney and by the clerk of the court and served on the garnishee the employer by the sheriff in the manner prescribed the order is executed against the garnishee as if it were a court judgment subject to the right of the garnishee and the debtor or any other interested party to dispute the existence or validity of the order or the correctness of the balance claimed the deductions are made monthly commencing at the end of the month following that in which the emoluments attachment order was served upon the garnishee the garnishee is entitled to commission of up to five per cent of all amounts paid over by him in terms of the order this commission is deducted from the amount paid to the creditor if it is shown that the debtor after satisfaction of the order will not have sufficient means for his own and his dependants maintenance the court will rescind the order or amend it in such a way as to affect only the balance of the debtor s emoluments over and above such sufficient means the court may in any event on good cause shown suspend or amend or rescind the emoluments attachment order on such conditions as it may deem just should the debtor leave the service of the garnishee before the debt has been paid in full he must forthwith advise the creditor of the name and address of his new employer the creditor may cause a certified copy of the order to be served on the new employer together with a certificate specifying the balance outstanding on account of the debt the new employer is thereupon bound by the order subject to his right to dispute the existence or validity of the order and the correctness of the balance claimed whenever any debtor to whom an emoluments order relates leaves the service of the garnishee before the debt has been paid in full and becomes self employed or is employed by someone else he is pending the service of the emoluments order upon his new employer again obliged to comply with the order made by the court in terms of section 65j 1 a or b which provides in essence that he must pay the debt and costs in specific instalments as set out in the order debt collecting procedure in regard to certain classes of debtor edit debtors against whom judgment has been granted in the high court edit section 65m provides that where judgment for the payment of money has been given by a division of the high court the judgment creditor may file with the clerk of the court a certified copy of that judgment and an affidavit specifying the amount still owing and how it has been arrived at the judgment then has all the effects of a judgment of that magistrate s court even though the amount of the judgment may exceed the jurisdiction of the court the procedure generally followed for the collection of debts in the magistrates courts is thereafter followed in collecting that amount in terms of section 65m the debtor is entitled to dispute the correctness of the amount specified in the affidavit juristic persons edit section 65a 1 provides that where a judgment debtor is a juristic person either a director or an officer of the juristic person may be called upon as a representative of the juristic person in his personal capacity to appear before the court to show cause why he should not be ordered to pay the judgment debt in instalments wherever the legislation alludes to a judgment debtor it refers also to the director or officer of the juristic person for all practical purposes the juristic person is placed in the same position with regard to section 65 proceedings as a debtor who is a natural person the court may at the request of the debtor at any stage of the proceedings if the director or officer ceases to be a director or officer of the juristic person or absconds replace the director or officer with any other person who at the time of the replacement is a director or officer of the juristic person the proceedings then continue as if ...