Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

37. Second or further warrants or emoluments attachment orders or garnishee orders
Purchase cart Previous page Return to chapter overview Next page

 

(1) Where any warrant or emoluments attachment order or garnishee order has been lost or mislaid, the court may on the application of any interested party and after notice to any person affected thereby, authorise the issue of a second or further warrant or emoluments attachment order or garnishee order, as the case may be, on such conditions as the court may determine and may make such order as to costs as it may deem fit.

 

(2) Notice of an application in terms of subrule (1) shall be on not less than 5 days' notice and shall state the reasons for the application.

 

(3) Subrules (1) to (6), inclusive, of rule 36 shall mutatis mutandis apply to any warrant or emoluments attachment order or garnishee order authorised by the court in terms of subrule (1) and in addition such warrant or garnishee order shall clearly be endorsed as follows:

 

"This second or further warrant_________________________ (describe nature of warrant) of emoluments attachment order or garnishee order (as the case may be) was authorised by the court on _______________and replaces any warrant ______________________(describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) instead of which it is issued or reissued".

 

(4)        

(a)When any warrant or emoluments attachment order or garnishee order which has been replaced by a warrant or emoluments attachment order or garnishee order issued in terms of subrule (1) becomes available it shall immediately be cancelled by the registrar or clerk of the court by endorsing across the face thereof between two parallel transverse lines the following words:

 

"Cancelled. Fresh warrant _______________________ (describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) issued in terms of an order of the court dated_____________ ".

 

(b) An endorsement in terms of paragraph (a) shall be signed and dated by the registrar or clerk of the court.

 

(5) The fact that a second or further warrant or emoluments attachment order or garnishee order has been issued and the date and amount thereof shall be endorsed on the record of the case by the registrar or clerk of the court.