Is it fair to Issue a Garnishee Order to Reclaim Arrears owed to you?

Many of us have experienced the frustration of not being able to get our money or goods back from another person or party that we lent it to in the first place. This kind of scenario varies greatly and can be as simple as a private loan of goods or money from one person to another or between a financial institution and an individual who the financial institution lends money to.

Another situation, perhaps one of the most common of all, is where a retail chain or similar institution sells goods to customers on credit. The general agreement being that the person buying these goods on credit agrees to repay the amount plus interest in good time (a predetermined period of time).

Quite often customers who have agreed to repay a debt or instalments for goods purchased on credit either fails to pay or simply cannot afford to repay the monthly instalments, this then creates a massive problem for the financial institution or retail chain. When this happens the creditor has a few options open to them, the most effective is to contact a specialist in legal debt collecting.

A legally appointed debt collector is able to take over the debt collecting process and can institute legal action against the debtor through its in house legal division. One of these methods of effective debt collecting is the issuing of something that is known as a garnishee order.  A Garnishee order, in simple terms, is basically a court order that is issued against a debtor on behalf of a creditor. The debtor is the party owing the debt and the creditor is the one who is owed the debt.

To answer the question, yes, it is fair to issue a garnishee order against a debtor so that the creditor is able to reclaim arears owed to them. Usually the garnishee order is the final step in the debt collecting process and only after all other reasonable avenues and options have been exhausted by the debt collecting agency. JJ Harmse and Associates are specialist let them take care of all these processes for you.

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