garnishee order...

[MR.C]

Long story is that she bought a fridge (worth around R2000) many years ago from price n pride. Her husband who was the only breadwinner in the family past away. She called them and said that her husband past away, they came and took her fridge away without any explanation.
Last year somewhere, 2 people come to work to tell her that she owes price n pride about R4,500. She didn't know what happened cos she gave the fridge back. They said she must either pay the amount or go to court.
Today the employers get a garnishee order...

What must she do now ?
Is there any way to reverse the order or decrease the amount in any way ?
She wasn't given all the information or explained anything, doesn't have a lawyer, didn't know about the court date or anything. Why does a default with one company bring about a garnishee order ?

Thanks in advance for any help given

 

[Cadavre777]

An item that has been returned/reposessed/etc still has to be paid for. Having garnishing orders issued is probably the preffered method for that particular company to reclaim monies owed should the debtor not be under debt review or making regular payments (if at all). By not resolving the issue, the creditor has applied to a magistrate to have a portion of the income attached.

Said employee should go to Human Resources to gather more information on the order and take up the matter with the creditor herself, this is not her employers responsibility.

 

[psheldon]

Yes, go see a lawyer because you didn't say if she was married in community of property or ante-nuptial, They can get default judgments without having to notify her.

 

[MR.C]

Sheesh, its hard when they get into contracts and don't know what the fine print means and don't understand the interest issue.
According to her, she called them and said take the fridge back and it was finnish and klaar, nothing owing !
She didn't know that they were going to auction it off at any price. She would've rather got a private buyer or got someone to take over payments.

Now telling her she MUST pay the R4,500. That's not easy for her. What can we do, the law is the law, heartless companies make their money like this.

 

[Lounger]

Sheesh, its hard when they get into contracts and don't know what the fine print means and don't understand the interest issue.
According to her, she called them and said take the fridge back and it was finnish and klaar, nothing owing !
She didn't know that they were going to auction it off at any price. She would've rather got a private buyer or got someone to take over payments.

Now telling her she MUST pay the R4,500. That's not easy for her. What can we do, the law is the law, heartless companies make their money like this.

Very few fridges cost R4500, so it sounds like they are not being reasonable. Get a quote for a new fridge of the same model and offer to pay that at the price it was when it was bought.

 

[AstroTurf]

Sheesh, its hard when they get into contracts and don't know what the fine print means and don't understand the interest issue.
According to her, she called them and said take the fridge back and it was finnish and klaar, nothing owing !
She didn't know that they were going to auction it off at any price. She would've rather got a private buyer or got someone to take over payments.

Now telling her she MUST pay the R4,500. That's not easy for her. What can we do, the law is the law, heartless companies make their money like this.

If all else fails, possibly the company can make her a loan to pay this back. At least that way she can pay it back without interest (till Feb next year anyway when SARS will force the company to add interest to the loan or remainder of the loan).

 

[MR.C]

Very few fridges cost R4500, so it sounds like they are not being reasonable. Get a quote for a new fridge of the same model and offer to pay that at the price it was when it was bought.

The fridge was around R2000 when she originally bought it. The current amount (R4,500) is just compounded interest. She will speak to a lawyer to maybe bring the amount down is some way or any other option that will be of any benefit to her.

 

[noxibox]

From the information given it sounds like Price n Pride or whomever they sold the debt to has operated at best right on the fringe of what is legal. I don't know what area you're in, but the Cape Town community newspapers take an interest in these shady deals, so contacting them is worthwhile.

 

[noxibox]

Long story is that she bought a fridge (worth around R2000) many years ago from price n pride.

What year? Has she ever acknowledged she owed them any money? One thing you have to watch out for is debt collector scum coming out of the woodwork years after the fact.

 

[MR.C]

Don't know exactly what she admitted or what was explained to her. I will take the local newspaper advice, seems to be a brilliant idea.