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August 31, 2004

Protect your employees from creditors

One of our areas of speciality is debt consolidation. We are often consulted by individuals who are up to their eyebrows in substantial debt, having borrowed money from loan sharks and being maxed out on all their credit cards.

In many instances, creditors have applied to court and have obtained an emoluments attachment order, obliging an employer to deduct a specific amount from the employees salary and to pay it over to the creditor. Such orders are either obtained through an Application to Court or via a consent signed by the debtor (which is usually incorporated in the application for credit that is made at the time the employee seeks a loan).

In some cases, our clients’ take home pay is entirely minimal as a result of several emoluments attachment orders that have been granted.

You can well imagine that the situation will cause your employee to become unproductive and to be in a state of constant depression. If you find that you are deducting more money from your employee’s salary than paying over to him or her, you should seriously consider advising your employee to take legal advice so that an attorney may either approach the various creditors and through a process of negotiation get them to agree to reduce the amounts of the monthly deductions or, that failing, your employee may either apply to court for a cumulative reduction of each order or, alternatively, consider placing himself/herself under administration. This step will definitely result in your employee becoming more focused on his/her work and, accordingly, a more productive member of staff.
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