Enforcing Maintenance Orders: Mechanisms for Recovery While Ensuring Fairness
A maintenance order is a judicial determination that one person is legally obliged to contribute towards the maintenance of another. Unfortunately, the granting of the maintenance order does not necessarily bring an end to the dispute. For many maintenance creditors, the more difficult question is what happens when the order is not honoured by the […]
Initiating compulsory sequestration: What must a creditor prove?
The Insolvency Act 24 of 1936 (“the Act“) provides a legal mechanism for the sequestration of a debtor’s estate where the debtor is unable to satisfy their financial obligations. Sequestration may be effected voluntarily by the debtor or compulsorily at the instance of a creditor. This article focuses specifically on the legal requirements that a […]
Understanding debt recovery: Emolument Attachment Orders vs. Garnishee Orders
Recovering a debt does not always end with a court judgment. Even with a legal order in place, some debtors may still be reluctant to pay. This is where enforcement mechanisms, such as Emolument Attachment Orders (EAOs) and Garnishee Orders, become valuable tools for creditors seeking to secure payment. However, understanding the key differences between […]